Lexington Ins. Co. v. Lexington Healthcare Group, Inc.
CourtSupreme Court of Connecticut
Date FiledJune 18, 2013
DocketSC18681, SC18682
JudgeRogers; Norcott; Palmer; Zarella; Eveleigh
StatusPublished
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Full Opinion
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LEXINGTON INSURANCE COMPANY v. LEXINGTON
HEALTHCARE GROUP, INC., ET AL.
(SC 18681)
(SC 18682)
Rogers, C. J., and Norcott, Palmer, Zarella and Eveleigh, Js.
Argued November 30, 2012—officially released June 18, 2013*
Jeffrey R. Babbin, with whom were Amber J. Hines
and, on the brief, Michael Menapace, for the appellant-
appellee in Docket No. SC 18681 and cross appellant
in Docket No. SC 18682 (plaintiff).
Sean K. McElligott, with whom were Van A. Stark-
weather and Brian J. Ladouceur, Jr., for the appellees-
appellants in Docket No. SC 18681 (defendant Marion
J. Boynton, coadministratrix of the estate of Elizabeth
M. Arata, et al.).
Philip J. O’Connor, for the appellee-appellant in
Docket No. SC 18681 and cross appellee in Docket No.
SC 18682 (defendant Nationwide Health Properties,
Inc.).
Opinion
ROGERS, C. J. This case requires us to interpret vari-
ous provisions of a professional liability insurance pol-
icy to determine the amount of coverage available when
the same general event has given rise to a large number
of claimants against the policy. On February 26, 2003,
multiple residents of Greenwood Health Center (Green-
wood), a Hartford nursing home, tragically died or were
injured when the facility was set ablaze by another
resident and rescue efforts by staff members fell short.
As a result, thirteen negligence actions seeking damages
for wrongful death or serious bodily injury were filed
by some of the victims’ personal representatives against
Greenwood, Nationwide Health Properties, Inc.
(Nationwide),1 the owner and lessor of the property
housing Greenwood, Lexington Healthcare Group, Inc.
(Lexington Healthcare), the lessee of that property, and
Lexington Highgreen Holding, Inc. (Highgreen), the
operator of Greenwood. This case concerns the amount
of liability insurance coverage available for these
claims. The plaintiff, Lexington Insurance Company,2
brought this declaratory judgment action against Lex-
ington Healthcare, which is the insured party under a
general and professional liability insurance policy
issued by the plaintiff, as well as Highgreen, Nationwide
and the victims’ personal representatives3 (individual
defendants).4 Nationwide and most of the individual
defendants each filed counterclaims in regard to the
policy, also seeking declaratory judgments. Following
the parties’ filing of cross motions for summary judg-
ment, the trial court determined the amount of coverage
available under the policy and rendered judgment
accordingly.
The plaintiff appeals from the judgment of the trial
court determining the available coverage. The plaintiff
claims that the trial court misconstrued the policy lan-
guage pertaining to ‘‘related medical incidents’’ and the
endorsement relating to the ‘‘[a]ggregate [p]olicy
[l]imit,’’ thereby providing more coverage for the indi-
vidual defendants’ claims than that to which they were
entitled. Four of the individual defendants have cross
appealed,5 claiming that the trial court’s interpretation
of the policy’s self-insured retention endorsement
resulted in an improper reduction of the available cover-
age. We disagree with the plaintiff’s claim that the trial
court misconstrued the policy language concerning
related medical incidents, but agree with its claim that
the court improperly interpreted the endorsement relat-
ing to the aggregate policy limit. We further agree with
the individual defendants that the court improperly
applied the self-insured retention endorsement to
reduce the available coverage. Accordingly, we affirm in
part and reverse in part the judgment of the trial court.6
The following facts and procedural history are rele-
vant to these appeals. The individual defendants, in the
underlying actions, each alleged multiple and varying
specifications of negligence against Lexington Health-
care and Highgreen. Some of the individual defendants’
claims related to Lexington Healthcare’s and High-
green’s choice to admit into Greenwood the individual
who had started the fire and, thereafter, their failure
to place, supervise and treat her properly and to disal-
low her from possessing cigarette lighters or smoking
cigarettes independently. Other of the individual defen-
dants’ claims concerned general safety and emergency
failures including, but not limited to: insufficient
staffing; inadequate sprinklers, fire extinguishers and
smoke detectors; lack of training in fire response and
evacuation procedures; neglect to adhere to relevant
rules, codes and standards; and a dangerously con-
structed, equipped and furnished facility. Specific alle-
gations of negligence on the night of the fire also were
raised, such as staff members’ failures to respond prop-
erly to the fire by employing fire extinguishers and by
closing particular doors and windows.
The policy issued by the plaintiff to Lexington Health-
care provided both general liability and professional
liability coverage for Lexington Healthcare’s seven
nursing home facilities, one of which was Greenwood.
It is undisputed on appeal that only the professional
liability coverage is applicable to the individual defen-
dants’ negligence claims. As to the amount of coverage
available for those claims, the trial court found that:
(1) for purposes of applying the policy’s $500,000 per
medical incident limit for professional liability cover-
age, the acts, errors or omissions underlying each indi-
vidual defendant’s injuries or death constituted
separate medical incidents and did not collectively com-
prise related medical incidents, in which case a single
$500,000 limit would have applied; (2) the total amount
of professional liability coverage available under the
policy for all of the individual defendants’ claims was
the $10 million ‘‘[a]ggregate [p]olicy [l]imit’’ provided
via an endorsement to the policy, rather than the $1
million ‘‘[a]ggregate [l]imit’’ for professional liability
coverage stated in the policy declarations; and (3) a
$250,000 ‘‘[s]elf [i]nsured [r]etention per [o]ccurrence’’
described in another endorsement to the policy applied
to reduce the $500,000 per medical incident coverage
to $250,000 per medical incident. This appeal and cross
appeal followed. The plaintiff argues on appeal that
the trial court’s first two policy interpretations were
improper, while the individual defendants take issue
with the court’s third interpretation.
‘‘As a preliminary matter, we set forth the applicable
standard of review. Summary judgment shall be ren-
dered forthwith if the pleadings, affidavits and other
proof submitted show that there is no genuine issue as
to any material fact and that the moving party is entitled
to judgment as a matter of law. . . . The scope of our
appellate review depends upon the proper characteriza-
tion of the rulings made by the trial court. . . . When
. . . the trial court draws conclusions of law, our
review is plenary and we must decide whether its con-
clusions are legally and logically correct and find sup-
port in the facts that appear in the record.’’ (Internal
quotation marks omitted.) Ugrin v. Cheshire, 307 Conn.
364, 389, 54 A.3d 532 (2012).
The general principles that guide our review of insur-
ance contract interpretations are well settled. ‘‘[C]on-
struction of a contract of insurance presents a question
of law for the court which this court reviews de novo.
. . . An insurance policy is to be interpreted by the
same general rules that govern the construction of any
written contract . . . . In accordance with those prin-
ciples, [t]he determinative question is the intent of the
parties, that is, what coverage the . . . [insured]
expected to receive and what the [insurer] was to pro-
vide, as disclosed by the provisions of the policy. . . .
If the terms of the policy are clear and unambiguous,
then the language, from which the intention of the par-
ties is to be deduced, must be accorded its natural and
ordinary meaning. . . . Under those circumstances,
the policy is to be given effect according to its terms.
. . . When interpreting [an insurance policy], we must
look at the contract as a whole, consider all relevant
portions together and, if possible, give operative effect
to every provision in order to reach a reasonable overall
result. . . .
‘‘In determining whether the terms of an insurance
policy are clear and unambiguous, [a] court will not
torture words to import ambiguity where the ordinary
meaning leaves no room for ambiguity . . . . Similarly,
any ambiguity in a contract must emanate from the
language used in the contract rather than from one
party’s subjective perception of the terms. . . . As with
contracts generally, a provision in an insurance policy
is ambiguous when it is reasonably susceptible to more
than one reading. . . . Under those circumstances, any
ambiguity in the terms of an insurance policy must be
construed in favor of the insured because the insurance
company drafted the policy.’’ (Internal quotation marks
omitted.) Johnson v. Connecticut Ins. Guaranty Assn.,
302 Conn. 639, 643, 31 A.3d 1004 (2011).
We now turn to the claims raised on appeal. Addi-
tional facts and procedural history will be provided
where pertinent to those claims.
I
The plaintiff claims first that the trial court improp-
erly interpreted the phrase ‘‘related medical incidents’’
as used in the policy, thereby affording greater coverage
for the individual defendants’ claims than the parties
to the policy had intended. According to the plaintiff,
the individual defendants’ claims arose from ‘‘related
medical incidents,’’ because all of their injuries or
deaths stemmed from the same root cause, namely,
the admission of the individual who started the fire to
Greenwood and the failure to supervise her properly.
The plaintiff argues, therefore, that a single policy limit
applies to all of the individual defendants’ claims collec-
tively rather than to each claim individually. We are
not persuaded.
The following additional facts and procedural history
are relevant. The declarations page of the policy pro-
vides that there shall be a $500,000 limit for professional
liability coverage for ‘‘[e]ach [m]edical [i]ncident.’’
‘‘Medical [i]ncident’’ is defined by the policy as ‘‘any
act, error or omission in the providing of or failure to
provide professional services.’’ ‘‘Professional [s]er-
vices,’’ in turn, are defined in relevant part as ‘‘[m]edical,
surgical, dental, nursing or other health care services
including but not limited to the furnishing of food or
beverages in connection with such services . . . .’’
Finally, within the section of the professional liability
part of the policy captioned ‘‘LIMITS OF INSURANCE,’’
the following is provided: ‘‘All claims arising from con-
tinuous, related, or repeated medical incidents shall
be treated as arising out of one medical incident. Only
the [p]olicy in effect when the first such claim is made
shall apply to all such claims.’’ (Emphasis added.)
The parties do not dispute that the individual defen-
dants’ claims arise from medical incidents, namely, Lex-
ington Healthcare’s acts, errors and omissions in
providing, or failing to provide, professional services,
as defined by the policy. They differ, however, as to
whether those medical incidents properly may be char-
acterized as ‘‘related’’ such that a single, $500,000 per
medical incident coverage limit applies to all of the
individual defendants’ claims.
The trial court, after examining the policy, first found
that the term ‘‘related’’ was ambiguous in that it could
refer to either a narrow or broad range of connections.
In the context of the present dispute, ‘‘related’’ could
contemplate, on the one hand, different but connected
services delivered to a particular [individual defen-
dant],’’ or, on the other hand, ‘‘similar or related services
delivered to a number of [individual defendants].’’ More
to the point, ‘‘related’’ could encompass all of the acts,
errors or omissions that collectively led to a particular
individual defendant’s injuries or death, i.e., the con-
nected array of failures that exposed that individual to
the fire, then prevented him or her from being rescued
or otherwise protected from the fire’s effects. Alterna-
tively, ‘‘related’’ could be construed more expansively
as encompassing similar acts, errors or omissions that
ended up harming all of the individual defendants, in
particular, the admission of, and failure to supervise,
the individual who started the fire.
Because of this ambiguity, the trial court construed
the policy in favor of providing broader coverage to the
insured, concluding that the allegations underlying the
individual defendants’ claims were not ‘‘related’’ and,
therefore, did not constitute a single ‘‘medical incident’’
within the meaning of the policy limitation. Conse-
quently, the trial court held, the $500,000 per medical
incident limit applied to each individual defendant’s
claim separately and not to all of those claims collec-
tively. The court reasoned further that Lexington
Healthcare owed separate duties to each individual
defendant, each of whom was differently situated and
had different service needs, and that, during the fire
and subsequent evacuation, Lexington Healthcare had
failed to take appropriate action as to each individual
defendant in different and distinct ways.7
The plaintiff argues on appeal that the trial court
improperly found that the term ‘‘related’’ is ambiguous.
According to the plaintiff, related unambiguously has
a broad meaning and, as applied to this case, requires
aggregation of the individual defendants’ claims
because all of those claims ‘‘have a causal or logical
connection’’ to the same source, namely, ‘‘the alleged
failure to supervise the patient who started the fire
and the resultant fire.’’ Nationwide and the individual
defendants argue, to the contrary, that the phrase
‘‘related . . . medical incidents’’ is vague and ambigu-
ous and, therefore, must be construed in favor of provid-
ing more coverage to Lexington Healthcare. Moreover,
according to Nationwide and the individual defendants,
the individual defendants’ claims arose from different
medical incidents because Lexington Healthcare owed
each individual defendant a separate duty, committed
different acts of negligence as to each and caused each
discrete harm. We agree with Nationwide and the indi-
vidual defendants that the acts, errors and omissions
underlying the individual defendants’ claims are not
‘‘related’’ within the meaning of the policy.
We address at the outset the plaintiff’s argument that
the trial court improperly concluded that the term
related is ambiguous because several other courts have
determined the term to be unambiguous, and decisions
which have found the term to be ambiguous have been
undermined by later decisions, from the same or differ-
ent courts, which hold that related is unambiguous. We
are not persuaded by this argument, because ‘‘[c]ontext
is often central to the way in which policy language is
applied; the same language may be found both ambigu-
ous and unambiguous as applied to different facts.’’
Highwoods Properties, Inc. v. Executive Risk Indem-
nity, Inc., 407 F.3d 917, 923 (8th Cir. 2005). Language
in an insurance contract, therefore, must be construed
‘‘in the circumstances of [a particular] case, and cannot
be found to be ambiguous [or unambiguous] in the
abstract.’’ (Emphasis in original; internal quotation
marks omitted.) Bay Cities Paving & Grading, Inc. v.
Lawyers’ Mutual Ins. Co., 5 Cal. 4th 854, 867, 855 P.2d
1263, 21 Cal. Rptr. 2d 691 (1993); see also Doe v. Illinois
State Medical Inter-Ins. Exchange, 234 Ill. App. 3d 129,
137, 599 N.E.2d 983 (‘‘[i]n determining whether there
is an ambiguity, the clause must be read within its
factual context’’), appeal denied, 147 Ill. 2d 626, 606
N.E.2d 1225 (1992). In sum, the same policy provision
may ‘‘shift between clarity and ambiguity with changes
in the event at hand’’; (internal quotation marks omit-
ted) Bay Cities Paving & Grading, Inc. v. Lawyers’
Mutual Ins. Co., supra, 868; and one court’s determina-
tion that the term related was unambiguous, in the
specific context of the case that was before it, is not
dispositive of whether the term is clear in the context
of a wholly different matter.
Turning to the term at issue, ‘‘related’’ generally is
defined8 as ‘‘connected by reason of an established or
discoverable relation,’’ with ‘‘relation’’ meaning ‘‘an
aspect or quality . . . .’’ Webster’s Third New Interna-
tional Dictionary (2002); see also Random House Dic-
tionary (2013) (defining related as ‘‘associated;
connected’’); Black’s Law Dictionary (6th Ed. 1990)
(defining related as ‘‘standing in relation; connected;
allied; akin’’). Courts of other jurisdictions, considering
these or similar definitions, have opined that the term
related covers a broad range of connections, both
causal and logical. See, e.g., Bay Cities Paving & Grad-
ing, Inc. v. Lawyers’ Mutual Ins. Co., supra, 5 Cal. 4th
868; American Commerce Ins. Brokers, Inc. v. Minne-
sota Mutual Fire & Casualty Co., 551 N.W.2d 224, 228
(Minn. 1996); Columbia Casualty Co. v. CP National,
Inc., 175 S.W.3d 339, 348 (Tex. Civ. App. 2004). At the
same time, however, they have recognized that discrete
events have the potential to be linked in myriad ways,
and at some point, a line must be drawn to prevent
aggregation of events whose connections to each other
are simply too weak. In such cases, ‘‘a relationship
between [the] two claims, though perhaps ‘logical,’
might be so attenuated or unusual that an objectively
reasonable insured could not have expected they would
be treated as a single claim under the policy.’’ Bay
Cities Paving & Grading, Inc. v. Lawyers’ Mutual Ins.
Co., supra, 873; see also American Commerce Ins. Bro-
kers, Inc. v. Minnesota Mutual Fire & Casualty Co.,
supra, 228. When ‘‘a logical connection [becomes] too
tenuous reasonably to be called a relationship . . . the
rule of restrictive reading of broad language [in favor
of the insured] would come into play.’’ Gregory v. Home
Ins. Co., 876 F.2d 602, 606 (7th Cir. 1989). ‘‘[A] term
[specifically, related acts] should be found unambigu-
ous if the facts of the case comfortably fit within the
commonly accepted definition of the concept, but may
be ambiguous if the facts fall on the margins of a broad
reading.’’ (Internal quotation marks omitted.) High-
woods Properties, Inc. v. Executive Risk Indemnity,
Inc., supra, 407 F.3d 924.
Applying the foregoing definitions and their associ-
ated limits to the specific allegations of negligence
raised by the individual defendants, we are not con-
vinced that the various acts, errors and omissions
alleged by each individual defendant are so readily asso-
ciated with those alleged by the others that collectively,
they fit comfortably within the realm of connection
contemplated by the parties to the policy when they
agreed to aggregate related medical incidents. Each
individual defendant has raised multiple allegations of
negligence, in some cases upwards of twenty. Although
some allegations pertain to negligent supervision of
the individual who started the fire, others aver a wide
variety of different safety and response failures by Lex-
ington Healthcare. Because each individual defendant
was differently situated in terms of his or her proximity
to the fire and resultant smoke, access to an exit, and
personal health and mobility issues, the particular array
of negligent shortcomings that ultimately led to his or
her injury or death necessarily varied. Additionally, to
the extent similar acts, errors or omissions appear
across multiple complaints, they nevertheless are
alleged to have caused multiple, distinct losses to differ-
ent individuals. Overall, the medical incidents underly-
ing the individual defendants’ claims are as dissimilar
as they are alike. In sum, it is far from clear from the
policy’s use of the term ‘‘related,’’ with no more specific
definition of that term provided, that the parties
intended multiple losses suffered by multiple people,
each caused by a unique constellation of negligent acts,
errors and omissions, to be aggregated into a single
loss, for purposes of coverage limits, simply because
they shared a common, precipitating factor. Conse-
quently, like the trial court, we construe the term in
favor of providing more coverage, and hold that the
individual defendants’ claims do not arise from related
medical incidents.
Although we are unable to locate any other case
directly on point, our conclusion is consistent with deci-
sions from other jurisdictions considering whether
claims, acts, omissions or incidents are related for pur-
poses of determining coverage limits in a professional
liability policy. Overall, although courts have employed
a variety of analytical approaches; see Scott v. Ameri-
can National Fire Ins. Co., 216 F. Sup. 2d 689, 694
(N.D. Ohio 2002) (discussing various approaches); they
have tended to reach fairly predictable results, in partic-
ular on the factor of loss. To begin, when there are
multiple acts of negligence by an insured that all pertain
to the same general undertaking and also contribute to
the same loss, those acts typically are found to be
related. See, e.g., Continental Casualty Co. v. Brooks,
698 So. 2d 763, 764–65 (Ala. 1997) (attorney’s negligent
preparation of four quitclaim deeds and power of attor-
ney for same client were series of ‘‘related acts’’ because
they all led to single result, loss of title to same prop-
erty); Bay Cities Paving & Grading, Inc. v. Lawyers’
Mutual Ins. Co., supra, 5 Cal. 4th 866–73 (attorney’s
failure to serve stop notice on construction project lend-
ers and to file timely foreclosure action were ‘‘related
acts, errors or omissions’’ because both failures arose
from same transaction, collection of single debt, and
resulted in same injury, loss of debt); Paradigm Ins.
Co. v. P & C Ins. Systems, 747 So. 2d 1040, 1042–43
(Fla. App. 2000) (insurance agency’s negligent failure
to procure primary liability insurance for client and its
subsequent failure to notify excess insurance carrier of
client’s claim were ‘‘related acts’’ because they both
pertained to loss of coverage for same $2 million judg-
ment against client); Columbia Casualty Co. v. CP
National, Inc., supra, 175 S.W.3d 348 (physicians’ misin-
terpretation of X ray and failure to advise of need for
follow-up X ray comprised ‘‘related medical incidents’’
when both led to same outcome, patient’s death from
belatedly diagnosed lymphoma).9
Conversely, multiple acts of negligence by an insured
usually are held to be unrelated when, although con-
nected by some aspect, they have caused distinctly dif-
ferent damages. In some instances, acts are held to be
unrelated when they have caused different losses to
the same party. See, e.g., Federal Deposit Ins. Corp. v.
Mmahat, 907 F.2d 546, 553–54 (5th Cir. 1990) (attorney’s
repeated wrongful advice to bank to make loans in
excess of regulatory maximum was not ‘‘series of
related acts’’ because precise character of wrongful
advice varied and results were discrete losses on seven
different loans), cert. denied, 499 U.S. 936, 111 S. Ct.
1387, 113 L. Ed. 2d 444 (1991); Kopelowitz v. Home Ins.
Co., 977 F. Sup. 1179, 1188 (S.D. Fla. 1997) (attorney’s
failure to perfect client’s security interest and his subse-
quent mishandling of bankruptcy proceedings on cli-
ent’s behalf were not ‘‘related acts, errors or omissions’’
because resulting claims involved ‘‘distinct facts and
possible damages’’); Doe v. Illinois State Medical Inter-
Ins. Exchange, supra, 234 Ill. App. 3d 133–37 (physi-
cian’s multiple, distinct errors in course of treating
patient for diabetes were not ‘‘related acts or omissions’’
where patient developed pancreatitis, which also was
improperly treated, necessitating multiple surgeries on
multiple organs, during which patient contracted hepa-
titis and HIV from blood transfusions); Medical Mal-
practice Joint Underwriting Assn. of Rhode Island v.
Lyons, Docket No. PC 00-5583, 2004 WL 3190049, *6–7
(R.I. Super. December 17, 2004) (physician’s ongoing
treatment failures in respect to patient’s two separate
maladies were not ‘‘ ‘related acts or omissions’ ’’).10
In other cases, courts have concluded that acts are
unrelated when they cause different losses to different
parties.11 See, e.g., Argent Financial Group, Inc. v.
Fidelity & Deposit Co. of Maryland, Docket No. Civ.
A. 04-2323, 2005 WL 2304515, *9 (W.D. La. August 21,
2005) (five claims made against securities broker for
breach of fiduciary duty did not concern ‘‘related . . .
wrongful acts’’ when they involved different customers,
transactions and types of wrongdoing); Scott v. Ameri-
can National Fire Ins. Co., supra, 216 F. Sup. 2d 693–95
(attorney’s negligence in incorporating business,
assigning it property rights and performing due dili-
gence as to value of property rights were not ‘‘related
acts, errors and omissions’’ when he owed different
duties to three claimants, corporation and two of its
investors, each of whom suffered different and discrete
harms); National Union Ins. Co. of Pittsburgh, PA v.
Holmes & Graven, 23 F. Sup. 2d 1057, 1069–70 (D. Minn.
1998) (separate claims of housing authority and project
bond trustee against attorney pertaining to his negligent
preparation of documents in connection with housing
project financing did not arise out of ‘‘ ‘related acts,
errors or omissions’ ’’ because each claimant’s loss dif-
fered as to both type and amount); St. Paul Fire &
Marine Ins. Co. v. Chong, 787 F. Sup. 183, 188 (D. Kan.
1992) (attorney’s multiple errors in representing three
codefendants in criminal matter were not ‘‘ ‘series of
related wrongful acts’ ’’ when there were several dis-
crete omissions and actions by attorney which resulted
in different losses to each codefendant); Beale v. Ameri-
can National Lawyers Ins. Reciprocal, 379 Md. 643,
666–67, 843 A.2d 78 (2004) (attorney’s separate but simi-
lar errors in representing five children in lead paint
action were not ‘‘related . . . professional services’’
because he owed separate duties to each child and
caused distinct damages as to each child).12
To summarize, we conclude that the phrase related
medical incidents does not clearly and unambiguously
encompass incidents in which multiple losses are suf-
fered by multiple people, when each loss has been
caused by a unique set of negligent acts, errors or omis-
sions by the insured, even though there may be a com-
mon precipitating factor. Moreover, cases from other
jurisdictions construing similar policy language gener-
ally hold that when multiple losses are caused, to either
the same or multiple parties, the causative acts are
not related. Guided by those decisions and the rule
requiring any ambiguity in an insurance policy to be
construed in favor of affording greater coverage, we
conclude that the acts, errors or omissions underlying
the individual defendants’ claims against Lexington
Healthcare are not related medical incidents under the
terms of the policy. Accordingly, a separate per medical
incident coverage limit applies to each individual defen-
dant’s claim.
II
The plaintiff also claims that the trial court improp-
erly concluded that the policy provides a total of $10
million in professional liability coverage for all of the
individual defendants’ claims, rather than a total of only
$1 million. According to the plaintiff, the trial court
improperly interpreted a $10 million ‘‘[a]ggregate [p]ol-
icy [l]imit’’ provided by an endorsement to the policy
as superseding the $1 million ‘‘[a]ggregate [l]imit’’ for
professional liability coverage that is listed in the policy
declarations. Nationwide and the individual defendants
argue that the trial court properly interpreted the policy
as affording a total of $10 million in professional liability
coverage for all of the individual defendants’ claims.
We agree with the plaintiff that only $1 million of profes-
sional liability coverage is available for all of the individ-
ual defendants’ claims.
The following additional facts are relevant. On the
declarations page of the policy, under the heading of
‘‘LIMITS OF INSURANCE,’’ the following provisions
are included:
‘‘(a) Healthcare Professional Liability
‘‘Aggregate Limit $1,000,000
‘‘Each Medical Incident $ 500,000 . . .
‘‘(b) Healthcare General Liability
‘‘Aggregate Limit $1,000,000 . . .
‘‘Each Occurrence Limit $ 500,000 . . . .’’
As we previously noted, it is undisputed that only pro-
fessional liability coverage is available for the individual
defendants’ claims.
The policy includes separate coverage parts outlining
the terms of professional liability coverage and general
liability coverage, entitled, respectively, ‘‘Healthcare
Professional Liability Claims Made Coverage Part for
Long Term Care Facilities’’ and ‘‘Healthcare General
Liability Claims Made Coverage Part for Long Term
Care Facilities.’’ Section IV of the professional liability
part of the policy provides in relevant part:
‘‘IV. LIMITS OF INSURANCE
‘‘A. The Limits of Insurance shown in the Declarations
for Healthcare Professional Liability for Long Term
Care Facilities and the rules below fix the most we will
pay regardless of the number of:
‘‘1. Insureds;
‘‘2. Claims made or suits brought; or
‘‘3. Persons or organizations making claims or bring-
ing suits.
‘‘B. The Aggregate Limit is the most we will pay for
the sum of all damages under this Coverage Part.’’13
The policy also contains a number of endorsements,
including endorsement no. 3, which provides in rele-
vant part:14
‘‘II. AGGREGATE LIMITS PER LOCATION . . .
‘‘A. HEALTHCARE PROFESSIONAL LIABILITY COV-
ERAGE PART FOR LONG TERM CARE FACILITIES,
Section IV. Limits of Insurance, Item B. is deleted in
its entirety and replaced with the following:
‘‘The Aggregate Limit is the most we will pay for
the sum of all damages under this Coverage Part. The
Aggregate Limit shall apply separately to each location
owned or rented by you.’’ (Emphasis in original.)
Thus, part II A of endorsement no. 3 amends § IV of
the professional liability part of the policy, previously
recited, to add the following sentence to subsection B:
‘‘The Aggregate Limit shall apply separately to each
location owned or rented by you.’’15
Endorsement no. 3 also amends the definitions sec-
tion of the policy, which applies to both the general
and professional liability parts, to add the following
definition: ‘‘Location means premises involving the
same operations of the Named Insured using the same
or connecting lots, or premises involving the same oper-
ations of the Named Insured whose connection is inter-
rupted only by a street, roadway, waterway or right-of-
way of a railroad.’’ (Emphasis in original.)
Endorsement no. 3 provides further that ‘‘[t]he policy
is amended’’ with the following language: ‘‘The Aggre-
gate Policy Limit stated below is the most we will pay
for any annual period for the sum of all damages payable
under the HEALTHCARE PROFESSIONAL LIABILITY
COVERAGE PART FOR LONG TERM CARE FACILI-
TIES and the HEALTHCARE GENERAL LIABILITY
COVERAGE PART FOR LONG TERM CARE
FACILITIES.
‘‘AGGREGATE POLICY LIMIT: $10,000,000.’’
(Emphasis in original.)
At its conclusion, endorsement no. 3 provides that
‘‘[a]ll other terms, conditions and exclusions of the
[p]olicy remain unchanged.’’
Finally, another endorsement to the policy, endorse-
ment no. 2, which is captioned ‘‘Schedule of Locations
Endorsement,’’ provides that ‘‘[t]he Policy is amended
as follows: The insurance provided by [the] . . .
HEALTHCARE GENERAL LIABILITY COVERAGE
PART [and the] HEALTHCARE PROFESSIONAL LIA-
BILITY COVERAGE PART shall be limited to the follow-
ing location(s), unless otherwise provided for within
the Policy . . . .’’ Thereafter, seven Connecticut
addresses are listed, one of which is the address for
Greenwood.
After examining endorsement no. 3 of the policy, the
trial court concluded that the total amount of profes-
sional liability coverage available for the individual
defendants’ claims clearly and unambiguously was $10
million and not $1 million. In reaching its conclusion,
the court equated the term ‘‘[a]ggregate [l]imit’’ with
the term ‘‘[a]ggregate [p]olicy [l]imit,’’ thus reading § IV
B of the professional liability part of the policy, as
modified by endorsement no. 3, as providing $10 million
of professional liability coverage for each of the seven
insured locations. The court reasoned that aggregate
limit was undefined by the policy, and it attributed any
difference in the two terms to the use of shorthand or
a scrivener’s error. Furthermore, according to the trial
court, ‘‘the [$1 million] aggregate limit [for professional
liability coverage] found in the declarations is irrele-
vant,’’ because it had been altered by endorsement no. 3.
We agree with the trial court’s assessment of the
policy as clear and unambiguous, but disagree with its
conclusions. The trial court’s interpretation of the pol-
icy is incorrect for the following reasons. First, the
court improperly equated the different terms aggregate
limit and aggregate policy limit when no compelling
reason existed to do so. Typically, when different terms
are employed within the same writing, different mean-
ings are intended. Cf. Scholastic Book Clubs, Inc. v.
Commissioner of Revenue Services, 304 Conn. 204, 217,
38 A.3d 1183 (applying rule in statutory construction),
cert. denied, U.S. , 133 S. Ct. 425, 184 L. Ed. 2d 255
(2012). Using the ordinary meanings of its component
words,16 the phrase ‘‘[a]ggregate [p]olicy [l]imit,’’ which
appears only in endorsement no. 3, clearly conveys
that the amount specified, $10 million, is the maximum
amount of insurance available under the entire policy
when claims for both general liability and professional
liability coverage, at all insured locations, are com-
bined.17 Additionally, that endorsement explicitly pro-
vides that the ‘‘[a]ggregate [p]olicy [l]imit’’ is the most
the plaintiff will pay annually for the sum of all damages
under both the general liability and professional liability
parts of the policy.
In contrast, the term ‘‘[a]ggregate [l]imit’’ appears
both in the declarations page, directly beneath the head-
ing, ‘‘Healthcare Professional Liability,’’ and in § IV B
of the professional liability part of the policy, both prior
to and following its amendment by endorsement no. 3.
By virtue of its placement and the absence of the word
‘‘policy,’’ the term ‘‘[a]ggregate [l]imit’’ logically means
the total amount available for professional liability cov-
erage only, at a particular location.18
Next, in reading the policy as it did, the trial court
rendered the portion of the declarations page pertaining
to aggregate limits superfluous, referring to it as ‘‘irrele-
vant,’’ instead of attempting to read the declarations in
conjunction with endorsement no. 3 to see if each part
of the policy could be given effect. ‘‘A rider or endorse-
ment is a writing added or attached to a policy or certifi-
cate of insurance which expands or restricts its benefits
or excludes certain conditions from coverage. 2 L.
Russ & T. Segalla, Couch on Insurance (3d Ed. 2005)
§ 18:17, p. 18-24. When properly incorporated into the
policy, the policy and the rider or endorsement together
constitute the contract of insurance, and are to be read
together to determine the contract actually intended by
the parties. Id., p. 18-26.’’ (Internal quotation marks
omitted.) National Grange Mutual Ins. Co. v. Santani-
ello, 290 Conn. 81, 93, 961 A.2d 387 (2009). ‘‘[I]n constru-
ing an endorsement to an insurance policy, the
endorsement and policy must be read together, and the
policy remains in full force and effect except as altered
by the words of the endorsement.’’ (Internal quotation
marks omitted.) Liberty Mutual Ins. Co. v. Lone Star
Industries, Inc., 290 Conn. 767, 806, 967 A.2d 1 (2009).
By its plain terms, the portion of endorsement no. 3
providing for an aggregate policy limit for general and
professional liability coverage does not purport to alter
or supersede any specific, preexisting part of the policy,
but only to ‘‘amend’’ the policy as a whole. Conse-
quently, it is most reasonably read as an addition to the
policy, made necessary by the simultaneous addition
of endorsement no. 2, which extends the general and
professional liability coverage afforded by the policy to
seven different insured locations. In contrast, a different
portion of endorsement no. 3 provides clearly that § IV
B of the professional liability portion of the policy is
‘‘deleted’’ and ‘‘replaced’’ with the substitute language
that was then set forth.19 That substitute language makes
clear that the $1 million aggregate limit for professional
liability coverage stated in the declarations remains in
effect, but applies ‘‘separately to each location . . . .’’
Endorsement no. 3 concludes by verifying that ‘‘[a]ll
other terms, conditions and exclusions of the [p]olicy
remain unchanged.’’ In short, nothing in endorsement
no. 3 suggests that the aggregate limits shown in the
declarations have been altered, or rendered irrelevant,
other than to make clear that they apply separately to
each location. Accordingly, the $1 million aggregate
limit for professional liability coverage remains in
effect, but applies separately to each insured location.
‘‘To the extent that an interpretation makes another
term or provision meaningless, that interpretation
should be rejected in favor of an interpretation that
preserves meaning.’’ 1 J. Thomas & F. Mootz, New
Appleman on Insurance Law (Library Ed. 2011) § 5.03
[1], p. 5-31. ‘‘We previously have recognized the canon
of construction of insurance policies that a policy
should not be interpreted so as to render any part of
it superfluous. . . . [W]e have consistently stated that
[i]f it is reasonably possible to do so, every provision
of an insurance policy must be given operative effect
. . . because parties ordinarily do not insert meaning-
less provisions in their agreements. . . . Since it must
be assumed that each word contained in an insurance
policy is intended to serve a purpose, every term wi