12 Fla. L. Weekly Supp. 957c
Insurance — Personal injury protection — Coverage — Out-of-state policy without PIP coverage — Where insured with non-PIP policy issued in Iowa was employed in Florida for at least five months prior to accident, but insured failed to register vehicle in Florida and maintain security on vehicle, insurer’s motion for summary judgment is granted
NEILL URBAN, Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 6th Judicial Circuit in and for Pinellas County, Small Claims/County Division. Case No. 02-004503-CO41, UNC: 522005CO001217XXCOCO. July 15, 2005. Myra Scott McNary, Judge. Counsel: Barry Berger, Palm Harbor. Adam R. Filthaut, Adams, Blackwell & Diaco, P.A., Tampa.
FINAL JUDGMENT
THIS CAUSE came to be heard on the Plaintiff and Defendant’s Motions for Summary Judgment. The Court having heard argument by the attorneys, having reviewed the file, and being otherwise fully advised in the premises, makes the following
FINDINGS OF FACTS:
The facts are not in dispute, with the exception of Kristine Urban’s contention that she advised the Defendant, Progressive Express Insurance Company, of the Urban’s relocation to Florida, via a telephone call.
In 2001, Neil and Kristine Urban were residents of the State of Iowa.
Progressive issued and delivered a policy of insurance to the Urbans in Iowa.
In 2001, Progressive mailed the policy declaration page to the Defendant’s Iowa address, return receipt and forwarding address requested.
Pursuant to the return receipt, the Defendant changed the address on the policy declaration and mailed the same to the Plaintiff in Florida.
Sometime during 2001, Neil Urban moved to Florida under the employment of Best Buy, Inc.
On January 28, 2002, Neil Urban was involved in a motor vehicle accident.
The Plaintiff admits that he was employed continually in the State of Florida, for at least five months prior to the accident; that at the time of the accident the motor vehicle was registered in the State of Iowa and that he never registered the vehicle in the State of Florida.
The Court FURTHER FINDS:
The policy in question was issued and delivered in the State of Iowa. The State of Iowa does not require nor does the policy of insurance provide for Personal Injury Protection.
Florida Statutes, section 320.38 provides in part, “In every case in which a nonresident. . .accepts employment. . .in this state. . .such non resident shall, within ten (10) days after the commencement of such employment. . ., register his or her motor vehicles in this state if such motor vehicles are proposed to be operated on the roads of this state”.
By accepting employment in the State of Florida, Neil Urban was required to register his motor vehicle within ten (10) days. It is undisputed that the Plaintiff failed to register his motor vehicle.
In addition, the Plaintiff, pursuant to Florida Statutes, section 627.733 was required to maintain security on his vehicle in that the motor vehicle was “physically present within this state for more than ninety (90) days during the preceding 365 days.
It is therefore ORDERED AND ADJUDGED that
1. The Defendant, PROGRESSIVE EXPRESS INSURANCE COMPANY’s Motion for Summary Judgment is hereby granted.
2. The Plaintiff, NEIL URBAN’s Motion for Summary Judgment is hereby denied.
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