Thе sole issue on this appeal is a determination of the scope of the indemnification provisions of General Statutes § 7-101a. The plaintiff, the city of Norwich, brought suit against the defendants, Richard N. Ziff and Guerson D. Silverberg, for legal malpractice. Ziff was corporation counsel to thе plaintiff and Silverberg was assistant corporation counsel. In its malpractice action, the plaintiff complained that the defendants had provided inadequate representation in litigation involving a disputed tax assessment.
General Statutes § 7-101a (a) requires a municipality to “protect and save harmless any municipal officer, whether elected or appointed, of any board, committee, council, agency or commissiоn, or any full-time municipal employee, of such municipality from financial loss and expense, including legal fees and costs, if any, arising out of any claim, demand, suit or judgment by reason of alleged negligence, or for alleged infringement of any person’s civil rights, on the part of such officer оr such employee while acting in the discharge of his duties.” The trial court, in striking the defendants’ counterclaims, held that this statute requires the municipality to indemnify officers and employees only when they are sued by third parties and not when the municipality itself is the plaintiff.
On appeal, the defendants claim that the trial court erred in its judgment because § 7-101a, by its plain lan
We note preliminarily the procedural framework that governs our inquiry on this appeal. “It is well settled that ‘[wjhere an appeal is taken from a judgment following the granting of a motion to strike, we take the facts to be those alleged in the [appellant’s pleadings] construed in a manner most favorable to the pleader. Sheets v. Teddy’s Frosted Foods, Inc.,
Well-established principles of statutory construction govern our analysis of § 7-101a. Our objective is to con
The defendants’ argument that they may rely on § 7-101a for immunity from liability to their municipal employers depends primarily on the language of subsection (a) of § 7-101a. They point out that this subsection purports to govеrn “any” claim of negligence and therefore argue that this unqualified coverage conclusively establishes a legislative intent that § 7-101a apply to two-party as well as to three-party indemnity claims. We are unpersuaded.
Read as a whole, § 7-101a refutes a construction affording thе defendants the immunity they seek, because the section demonstrates, in its remaining subsections, that the transactions that the legislature sought to address were transactions in which an injured third person was seeking relief from a municipal employee and, indirectly, from a municipality itself. None of thеse subsections contemplates reimbursement
Subsection (c) is instructive to a reading of “any claim” that excludes the municipality itself, because this subsection authorizes municipalities to purchase insurance to cover “the liability imposed by this section.” Liability insurance is designed to protect an insured from claims for damages owed to a third person, and not from losses that the insured suffers directly. Cain v. American Policyholders’ Ins. Co.,
Even more definitively, subsection (d) imposes procedural preconditions on municipal liability that are entirely inconsistent with the defendants’ expansive interpretation of subsection (a). No municipality need indemnify a municipal officer for his losses unless the prospective claimant (1) notifies the municipality of his intention to bring suit against the municipality’s officer within six months of the accrual of the cause of action, and (2) initiates suit within two years after the accrual date. Failure to cоmply with these procedural prerequisites affects only the right to indemnification; it does not impair a claimant’s cause of action against the defendant officer himself. See Orticelli v. Powers,
There are no previous judicial constructions of § 7-101a that point in a different direction, nor is there any illuminating legislative history to lend support to the defendants’ argument that the statute was intended to shield municipal officers from liability to their own municipalities. The defendants note that a remark by Representative Kevin P. Johnston during a 1977 House debate demonstrates his belief that § 7-101a applies to suits brought by municipalities.
Our construction of § 7-101a comports with the apparent purpose behind its enactment. The statute is designed to furnish some relief for injustice that would otherwise attend our well-established doctrine of sovereign municipal immunity. See, e.g., Gauvin v. New Haven,
The salutary purpose that § 7-10 la was designed to serve does not require its extension to suits brought by municipalities against their officers. Respondeat superior has never precluded an employer from recovery against an employee whose misconduct directly injures the employer. See 2 Restatement (Second), Agency § 402. It is true that the legislature might have determined that the need to attract citizens to public service required it to go beyond respondeat superior and to provide for municipal officers and employees total immunity from liаbility for actions in negligence brought by their municipal employers. In our view, however, if that had been the legislature’s intention, it would have been manifested by a straight-forward immunity statute rather than by the round-about system of indemnification that the defendants ask us to read into § 7-101a. We will not infer such an intention without a clearer indication of purpose than § 7-101a, read as a whole, presently expresses.
The trial court correctly held that § 7-101a applies only to suits brought by third party plaintiffs. Consequently, the court did not err in granting the plaintiff’s motions to strike the defendants’ counterclaims.
There is no error.
In this opinion the other justices concurred.
Notes
Appeals invоlving this underlying controversy have twice come before this court. Norwich v. Lebanon,
“[General Statutes] Sec. 7-101a. protection of municipal officers AND FULL-TIME MUNICIPAL EMPLOYEES FROM DAMAGE SUITS. REIMBURSEMENT OF DEFENSE EXPENSES. LIABILITY INSURANCE. TIME LIMIT FOR films, notice, (a) Each town, city, borough, consolidated town and city and consolidated town and borough shall protect and save harmless any municipаl officer, whether elected or appointed, of any board, committee, council, agency or commission, or any full-time municipal employee, of such municipality from financial loss and expense, including legal fees and costs, if any, arising out of any claim, demand, suit or judgment by reason of alleged negligence, or for alleged infringement of any person’s civil rights, on the part of such officer or such employee while acting in the discharge of his duties.
“(b) In addition to the protection provided under subsection (a) of this section, each town, city, borough, consolidated town and city and consolidated town and borough shall protect and save harmless any such municipal officer or full-time municipal employee from financial loss and expense, including legal fees and costs, if any, arising out of any claim, demand or suit instituted against such officer оr employee by reason of alleged malicious, wanton or wilful act or ultra vires act, on the part of such officer or employee while acting in the discharge of his duties.' In the event such officer or employee has a judgment entered against him for such act in a court of lаw, such municipality shall be reimbursed by such officer or employee for expenses it incurred in providing such defense and shall not be held liable to such officer and employee for any financial loss or expense resulting from such act.
“(d) No action shall be maintained under this section against such municipality or employee unless such action is commenced within two years after the cause of action therefor arose nor unless written notice of the intention to commence such action and of the time when and the place where the damages were incurred or sustained has bеen filed with the clerk of such municipality within six months after such cause of action has accrued.”
Because the trial court, in each case, struck the defendant’s entire counterclaim and then rendered judgment, its actions are appealable at this time. See Practice Bоok § 157; Kilbride v. Dushkin Publishing Group, Inc.,
Indeed, it does not appear that the plaintiff in this case filed notice with itself as required by General Statutes § 7-101a (d).
Representative Johnston made his remark during the following exchange:
“Dorothy C. Goodwin: Mr. Speaker. Thank you, Mr. Speaker. Through you, a question to the proponent of thе bill.
“Mr. Speaker: Please proceed.
“Dorothy C. Goodwin: Mr. Johnston, I don’t [know] that whether . . . maybe you could just tell me whether this is a needless worry or not, but what about the case where one officer of a town sues another officer of a town, or one board of a town sues another board of a town, or where the municipality sues an employee, or an employee sues a municipality. What happens in such a case?
“Kevin P. Johnston: Through you, Mr. Speaker, through this amendment, and through the law, any suit brought against an employee or an officer of a community, whether he’s a board member or a commission member, will be protected by that community. The bill does not specify who is doing the suing, or anything to that effect. So, that employee, or that officer, would be protected by the community, if that helps clear it up a little.
“Kevin P. Johnston: As I understand it, through you, Mr. Speaker.
“Dorothy C. Goodwin: Thank you. I would like to support the bill. Thank you.” 20 H. R. Proc., Pt. 7, 1977 Sess., pp. 2843-44.
