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****************************************************** The ``officially released'' date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ``officially released'' date appearing in the opinion. In no event will any such motions be accepted before the ``officially released'' date. All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ****************************************************** TOWN OF WESTBROOK v. ITT HARTFORD GROUP, INC., ET AL. (AC 20451)
Lavery, C. J., and Foti and Peters, Js. Argued September 26--officially released November 21, 2000 Counsel

Stephen R. Bellis, for the appellant (plaintiff). Andrew J. O'Keefe, with whom was Joseph M. Busher, Jr., for the appellees (named defendant et al.).
Opinion

PETERS, J. This civil appeal concerns the responsibility assumed by various insurers to defend a town against claims of tortious, contractual and statutory misconduct arising out of the termination of the town's contract with an architect. The dispositive issue is whether the named insurers were entitled to summary judgment on their contention that the town did not qualify as an insured under the terms of the relevant policies. Contrary to the trial court, we conclude that the town was an insured and that the insurers' motion for summary judgment should have been denied.

The plaintiff, the town of Westbrook (town), filed a complaint to recover the costs it had incurred in its defense against claims arising out of its allegedly wrongful termination of a contract with Carlin, Pozzi, Architects, P.C. (Pozzi). Pozzi had been hired to renovate several town school buildings. It brought two actions, one seeking arbitral relief principally from Robert Godiksen, chairman of the town building committee, and another seeking damages in federal court from a number of persons other than Godiksen. In both actions, Pozzi named the town as a defendant.1 In the arbitration proceedings, Pozzi alleged wrongful termination, injury to business reputation, tortious interference with contract, bad faith, breach of contract, failure to make payments due under the contract and copyright infringement. In federal court, Pozzi alleged copyright infringement and unfair trade practices. Although the town prevailed in both fora, it paid $487,770.36 in attorney's fees and costs to do so. In the first count of its complaint, the town sought recovery from the defendants, ITT Hartford Group, Inc., and related insurers,2 under various insurance policies issued as part of a special ``Multi-Flex Policy'' (Multiflex Policy).3 It is undisputed that the events at issue occurred within the policy period. It is likewise undisputed that the defendants denied the town's request for defense in both the arbitration and the federal court proceedings. What is at issue is whether the coverage terms of the various policies protected the town from the loss that it had incurred. The parties filed cross motions for summary judgment to resolve this dispute.4 The court granted the motion filed by the defendants and denied that filed by the town. The town has appealed. DEFENDANTS' MOTION FOR SUMMARY JUDGMENT If, as in this case, the material facts are undisputed, appellate review of the granting of a motion for summary judgment is plenary. Burnham v. Karl & Gelb, P.C., 252 Conn. 153, 156, 745 A.2d 178 (2000). We must decide whether the court properly concluded that the moving party was entitled to judgment as a matter of law. Id. De novo review is especially appropriate in an appeal based on a documentary record, concededly unambiguous, that is identical to the record before the trial court. Tallmadge Bros., Inc. v. Iroquois Gas Transmission System, L.P., 252 Conn. 479, 494

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Connecticut Law