52 Conn. App. 449 | Conn. App. Ct. | 1999
Opinion
The plaintiff, Community Action for Greater Middlesex County, Inc. (Community Action), appeals from the summary judgment rendered by the trial court.
Community Action initiated suit against American for breach of an insurance contract. The allegations asserted in the complaint include the following. Community Action, a federally funded agency, provides a preschool training program. American is the general liability insurance carrier for Community Action under a policy purchased from American by Community Action. The parent and next friend of a six year old child brought suit against Community Action alleging that while the child was enrolled in the program, she was sexually molested by three boys who were in her class.
American responded to the complaint, admitting certain allegations and denying others, and raised a special defense. Specifically, American asserted that the insurance policy issued to Community Action contained an express exclusion for abuse or molestation,
In March, 1997, both parties filed motions for summary judgment with supporting memoranda and exhibits. Following oral argument, the trial court reserved decision and then, by notice dated May 14,1997, notified the parties of its ruling in favor of American. The trial court did not provide a memorandum of decision to explain the basis for its decision. Rather, the court simply signed the order, indicated that Community Action’s motion for summary judgment was denied and that American’s motion for summary judgment was granted, and wrote on the order, “See Middlesex Mutual Assurance Co. v. Rand, Superior Court, Judicial District of Middlesex at Middletown, Docket No. 76644 (April 4, 1996) (Stanley, J.).” This appeal of the decision on the parties’ motions for summary judgment followed.
The duty to provide this court with a record adequate for review rests with the appellant.
Thus, “[w]e . . . are left to surmise or speculate as to the existence of a factual predicate for the trial court’s rulings. Our role is not to guess at possibilities, but to review claims based on a complete factual record developed by a trial court. . . . Without the necessary factual and legal conclusions furnished by the trial court . . . any decision made by us respecting [the plaintiffs claims] would be entirely speculative.” (Internal quotation marks omitted.) Chase Manhattan Bank/City Trust v. AECO Elevator Co., 48 Conn. App. 605, 608-609, 710 A.2d 190 (1998).
The judgment is affirmed.
In this opinion the other judges concurred.
The parties filed cross motions for summary judgment with the trial court, claiming that there were no material facts in dispute and that each was entitled to judgment as a matter of law. The trial court granted the defendant’s motion and denied the plaintiffs. The plaintiff argues that the decision on each motion should be reversed.
The suit alleges that the child suffered emotional trauma as a result of one or more of six separate acts of negligence on the part of Community Action: failure (1) to supervise, (2) to investigate, (3) to train teachers, (4) to hire qualified teachers, (5) to report allegations of sexual abuse and (6) to keep the child safe from harm.
The abuse or molestation exclusion provided: “This endorsement modifies insurance provided under the following:
“COMMERCIAL GENERAL LIABILITY COVERAGE PART
“This insurance does not apply to ‘bodily injury,’ ‘property damage,’ ‘advertising injury’ or ‘personal injury’ arising out of:
“(a) the actual or threatened abuse or molestation by anyone of any person while in the care, custody or control of any insured, or “(b) the negligent:
“(i) employment;
“(ii) investigation;
“(iii) supervision;
“(iv) reporting to the proper authorities, or failure to so report; or “(v) retention;
“of a person for whom any insured is or ever was legally responsible and whose conduct would be excluded by (a) above.”
Practice Book § 61-10 provides in relevant part: “It is the responsibility of the appellant to provide an adequate record for review. The appellant shall determine whether the entire trial court record is complete, correct and otherwise perfected for presentation on appeal. ...”
Practice Book § 64-1 (a) provides in relevant part: “The court shall state its decision either orally or in writing, in all of the following: (1) in rendering judgments in trials to the court in civil and criminal matters, including rulings regarding motions for stay of executions, (2) in ruling on aggravating and mitigating factors in capital penalty hearings conducted to the court, (3) in ruling on motions to dismiss under Section 41-8, (4) in ruling on