12 Fla. L. Weekly Supp. 403a
Insurance — Personal injury protection — Coverage — Passenger in rental vehicle driven by unauthorized driver — Where driver’s PIP policy defines covered persons broadly as persons occupying “your insured car” and defines “insured car” broadly as “any car you use,” passenger was not required to be resident or relative of driver to avail self of PIP coverage under driver’s policy and driver’s actual ownership of vehicle or being listed as additional driver on rental agreement is not prerequisite to coverage
SUNNY MEDICAL, PL, as assignee of Sonia Dasilva, Plaintiff, vs. NATIONWIDE PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant. County Court, 18th Judicial Circuit in and for Seminole County. Case No. 03-SC-4744. January 5, 2005. Mark E. Herr, Judge. Counsel: Rutledge M. Bradford, Rutledge M. Bradford, P.A., Orlando. E. Ginnette Childs, Orlando.
ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
THIS CAUSE having come before the Court for consideration upon the Defendant, Nationwide Property and Casualty Insurance Company’s Motion for Summary Judgment, and the Court having reviewed the Motion and otherwise being fully advised in the premises, the Court makes the following findings:
UNDISPUTED FACTS
1. This is a claim for PIP benefits arising out of a motor vehicle collision that occurred on or about February 4, 2002.
2. The vehicle involved in the collision was a rental vehicle, rented to Teresa Silvia by Americar.
3. The Assignee in this lawsuit, Sonia DaSilva, was listed as an additional driver on the rental contract signed by Teresa Silvia.
4. The driver of the rental vehicle at the time of the collision was Nelson Silvia, Teresa Silvia’s cousin, and Sonia DaSilva’s boyfriend. Mr. Silvia was not listed as an additional driver on the Americar rental agreement.
5. Nelson Silvia was insured, at all times relevant hereto, by a policy of insurance provided by Nationwide. The policy provided $10,000 in PIP benefits with no deductible.
6. The Defendant extended PIP benefits to its named insured, Nelson Silvia, but denied coverage to Sonia DaSilva, pursuant to the policy issued to Mr. Silvia and pursuant to Florida Statutes, as Nelson Silvia was an unauthorized driver of the rental vehicle, was not the owner of the rental vehicle, and Sonia DaSilva was not a resident or a relative residing in Mr. Silvia’s household at the time of the accident.
It is hereby ORDERED AND ADJUDGED that:
1. Defendant’s Motion for Summary Judgment is DENIED. The policy language in effect here is controlling as it is broader than Florida Statutes. The policy defines, under Part 3 Expenses for Medical Services, an insured person as:
(2) Any other person while occupying your insured car while the car is being used by you, a relative or another person if that person has your permission.
The policy provides that for use in Part 2 and 3 of the policy, “your insured car” is defined as including:
(d) Any car you use, that is not owned by or furnished or available for the regular use of you, a resident or relative. But no car shall be considered as your insured car unless such use is with the permission of the owner.
Because the policy’s terms are broader than the PIP statute, “insured car” is defined broadly as is “covered persons,” Ms. DaSilva is not required to be a resident or relative of Mr. Silvia in order to be able to avail herself of PIP coverage under his policy and Mr. Silvia’s actual ownership of the vehicle or being listed as an additional driver on the Americar rental car agreement, is not a necessary prerequisite to extend coverage to her.
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