13 Fla. L. Weekly Supp. 508a
Insurance — Personal injury protection — Coverage — Commercial vehicle — Where insured was injured while occupant of commercial vehicle owned by car service, PIP insurer is entitled to be reimbursed by car service for all no fault benefits paid to insured
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff, vs. VILLAGE CAR SERVICE, INC., Defendant. County Court, 17th Judicial Circuit in and for Broward County, Civil Division. Case No. 05-19883 COCE, Division 54. February 15, 2006. Lisa Trachman, Judge. Counsel: David B. Kampf, Ramey & Kampf, P.A., Tampa, for Plaintiff.
FINAL SUMMARY JUDGMENT
THIS CAUSE came before the Court on Plaintiff, State Farm Mutual Automobile Insurance Company’s Motion for Final Judgment, and the Court, having heard argument and being otherwise advised in the premise, makes the following findings:
ORDERED and ADJUDGED that:
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 owned by VILLAGE CAR SERVICE when he sustained injuries.
3. As 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.
4. Therefore, State Farm shall hereby be entitled to reimbursement of all no-fault benefits paid to its insured.
5. This Court finds that Plaintiff shall recover from Defendant and that Defendant shall hereby pay Plaintiff, State Farm Mutual Automobile Insurance Company, damages totaling $10,000.00. This Court further finds Plaintiff is entitled to taxable and reasonable costs pursuant to §57.041. Costs due Plaintiff shall be $275.00. Based upon the above findings, it is hereby:
ORDERED AND ADJUDGED:
1. State Farm is entitled to recover from Defendant the sum of $10,275.00, and post judgment interest at the rate of 7% per annum, for which sum let execution issue.
2. This Court hereby reserves jurisdiction to hear argument and determine State Farm’s entitlement and reasonableness of attorney’s fees.
3. It is further ordered and adjudged that the judgment debtor, Village Car Service, Inc., and its President, owner and/or director, Mr. Pasquale Varone, 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.
4. Jurisdiction of this case is retained to enter further orders that are proper to compel the debtor Village Car Service, Inc., and it’s President, owner and director, Mr. Pasquale Varone, to complete form 1.977, including all required attachments, and serve it on the Ramey & Kampf, P.A.
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