13 Fla. L. Weekly Supp. 614a
Insurance — Personal injury protection — Coverage — Commercial vehicle — Where insured was injured while occupant of commercial vehicle, PIP insurer is entitled to be reimbursed by owner of commercial vehicle for all no-fault benefits paid to insured, regardless of whether commercial vehicle was at fault in accident and whether vehicle was insured or even required to be insured
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff, vs. BAROTRUCK CORP., Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County, Civil Division. Case No. 05-19171-CC-05. March 28, 2006. Shelley Kravitz, Judge. Counsel: Philip A. Friedman, Ramey & Kampf, P.A., Tampa, for Plaintiff. Carlos Macedo, Miami, for Defendant.
ORDER ON FINAL SUMMARY JUDGMENT
THIS CAUSE came before the Court on Plaintiff, State Farm Mutual Automobile Insurance Company’s Motion for Entry of Final Judgment, and the Court, having heard argument and being otherwise advised in the premises, makes the following findings:
1. Plaintiff, State Farm Mutual Automobile Insurance Company, is the prevailing party in this matter and shall be entitled to an award of damages pursuant to Florida Statute 627.7405.
2. That the undisputed facts reveal the State Farm insured was an occupant of a vehicle insured by Barotruck Corp.
3. Section 627.7405, Florida Statutes, provides a right of reimbursement to State Farm for benefits paid to the State Farm insured (Felix R. Barona), from the insurer or the owner (Barotruck Corp.) of a commercial motor vehicle, “if the benefits paid result from such person having been an occupant of the commercial motor vehicle.” Benefits must be reimbursed to State Farm regardless of whether your vehicle is at fault for the accident. See Amerisure Ins. Co. v. State Farm, Case No. SC04-387 [30 Fla. L. Weekly S153a] (Fla. March 17, 2005), wherein the Florida Supreme Court determined that the lack of fault on the commercial vehicle is not a defense to reimbursement.
4. As the undisputed facts reveal the vehicle was used primarily for business, occupational and professional services, it shall be deemed a commercial motor vehicle irrelevant of the type or shape of the vehicle.
5. Therefore, State Farm shall hereby be entitled to reimbursement of all no-fault benefits paid to its insured. Further, as F.S. 627.7405 requires the owner of the commercial motor vehicle or the insurer of the commercial motor vehicle to reimburse the injured person’s PIP carrier (State Farm), it is irrelevant if the vehicle was not insured or even required to be insured under Florida law as the owner is ultimately responsible.
6. Thus, this Court finds that Plaintiff shall recover from Defendant damages totaling $10,000.00.
7. This Court further finds Plaintiff is entitled to taxable and reasonable attorneys’ fees and costs. Taxable costs due Plaintiff shall be $279.42. Taxable and reasonable attorneys’ fees total $790.58. Thus, the total amount of fees and costs is $1,070.00.
Based upon the above findings, it is hereby:
ORDERED AND ADJUDGED:
1. State Farm is entitled to recover from Defendant the sum of $11,070.00 and post-judgment interest at the rate of 9% per annum, for which sum let execution issue.
2. It is further ordered and adjudged that the judgment debtor, BAROTRUCK CORP., and its CEO, owner and/or director, CARLOS MACEDO, shall complete under oath Florida Rule of Civil Procedure Form 1.977 (Fact Information Sheet), including all required attachments, and serve it on the judgment creditor’s attorney, Ramey & Kampf, P.A., within 45 days from the date of this Final Judgment, unless the final judgment is satisfied or post-judgment discovery is stayed.
3. Jurisdiction of this case is retained to enter further orders that are proper to compel the debtor, BAROTRUCK CORP., and its President, owner and director, CARLOS MACEDO, to complete form 1.977, including all required attachments, and serve it on the Ramey & Kampf, P.A.
4. This Court will reserve jurisdiction to address claims against the CEO, owner and director, CARLOS MACEDO, in the individual capacity pending payment of the judgment to State Farm.
