15 Fla. L. Weekly Supp. 913a
Insurance — Personal injury protection — Reimbursement by insurer of commercial vehicle — Florida Highway Patrol sedan is commercial vehicle within meaning of statute providing for reimbursement of PIP carrier for benefits paid for injuries sustained by insured while occupant of commercial vehicle
STATE FARM MUTUAL AUTOMOBILE INSURANCE, Plaintiff, vs. FLORIDA HIGHWAY PATROL, a Division of the Florida Department of Highway Safety and Motor Vehicles, Defendant. County Court, 7th Judicial Circuit in and for Volusia County. Case No. 2007-33540-COCI, Division 84. April 28, 2008. Stasia Warren, Judge. Counsel: David Kampf, Ramey & Kampf, P.A., Tampa, for Plaintiff. Jason O. Brown, Cranshaw Brown, Ormond Beach, for Defendant.
Agreed Order on Plaintiff’s Motion for Summary Judgment
COME NOW the parties hereto, by and through counsel, and file this Agreed Order on the Plaintiff’s Motion for Summary Judgment.I. Stipulated Undisputed Facts
1. That on March 18, 2005, Gerald Caves was operating a 2001 Ford Crown Victoria owned by the Florida Highway Patrol, while in the course and scope of his employment with the Florida Highway Patrol.
2. That on March 18, 2005, while operating the 2001 Ford Crown Victoria owned by the Florida Highway Patrol, Gerald Caves was involved in a motor vehicle accident.
3. As a result of the motor vehicle accident of March 18, 2005, Gerald Caves sought medical care and treatment.
4. At all times material hereto, Gerald Caves was personally insured under an automobile policy with State Farm Mutual Automobile Insurance Company which provided no-fault benefits in compliance with §§ 627.732-627.7405.
5. As a result of the March 15, 2005 automobile accident, Gerald Caves sought medical care and treatment which was covered under his State Farm insurance policy.
6. State Farm Mutual Automobile Insurance Company paid a total of Ten Thousand Dollars in no-faults to Gerald Caves’ medical providers as a result of the March 15, 2005 motor vehicle accident.II. Issue Presented
7. State Farm Mutual Automobile Insurance Company filed suit against the Florida Highway Patrol alleging that the 2001 Crown Victoria owned by the Florida Highway Patrol and operated by Gerald Caves on March 15, 2005 was a “commercial vehicle” as that term is defined by § 627.732(3), Florida Statutes.
8. State Farm Mutual Automobile Insurance Company contends that since the 2001 Crown Victoria is a “commercial vehicle” pursuant to § 627.732(3), Florida Statutes, State Farm is entitled to reimbursement of the Ten Thousand Dollars State Farm paid out on the medical care and treatment of Gerald Caves by operation of § 627.7405, Florida Statutes.
9. The Florida Highway Patrol defended the action by alleging that the 2001 Crown Victoria automobile was not a “commercial vehicle,” but rather the Crown Victoria met the statutory definition of a “private passenger motor vehicle” as defined by § 627.732(3)(a).
10. The issue thus presented to the Court is whether the 2001 Crown Victoria owned by the Florida Highway Patrol and operated by Gerald Caves on March 15, 2005, is either a “private passenger motor vehicle” or a “commercial vehicle” as those terms are defined in § 627.732(3), Florida Statutes.
11. If the 2001 Crown Victoria is a “private passenger motor vehicle”, the Florida Highway Patrol would not be liable to State Farm Mutual Automobile Insurance Company under § 627.7405, Florida Statutes.
12. Conversely, if the 2001 Crown Victoria is a “commercial vehicle”, the Florida Highway Patrol would be liable to State Farm Mutual Automobile Insurance Company under § 627.7405, Florida Statutes.
13. Matters of statutory construction or interpretation are matters of law to be decided by the Court.
14. The Florida Highway Patrol filed a motion for final summary judgment alleging that the 2001 Crown Victoria was a “private passenger motor vehicle.”
15. After hearing argument of counsel, this Court issued an Order on January 18, 2008 [15 Fla. L. Weekly Supp. 910a], denying the Florida Highway Patrol’s motion for summary judgment and expressly determining that the 2001 Crown Victoria was a “commercial vehicle.”
16. State Farm Mutual Automobile Insurance Company filed a motion for summary judgment on January 24, 2008, asking this Court to determine that the 2001 Crown Victoria was a “commercial vehicle” and to award State Farm Mutual Automobile Insurance Company reimbursement of the no-fault benefits it paid on behalf of Gerald Caves by operation of § 627.7405, Florida Statutes.
17. The parties being in agreement that the Court’s ruling that the 2001 Crown Victoria is a “commercial vehicle” and thus dispositive as to the operation of § 627.7405, Florida Statutes it is:
HEREBY ORDERED AND ADJUDGED:
18. State Farm Mutual Automobile Insurance Company’s Motion for Summary Judgment is GRANTED.
19. The parties hereto expressly reserve all rights for appellate review.
