17 Fla. L. Weekly Supp. 1123a
Online Reference: FLWSUPP 1711COMM
Insurance — Personal injury protection — Reimbursement — Commercial carrier — Insurer of owner of commercial motor vehicle is obligated to reimburse PIP insurer for all no-fault benefits paid on behalf of insured notwithstanding lack of PIP coverage in commercial vehicle policy
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff, vs. FIRST COMMERCIAL TRANSPORTATION AND PROPERTY INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. COCE08-003365 (51). June 30, 2009. Martin R. Dishowitz, Judge. Counsel: David B. Kampf, Ramey & Kampf, P.A., Tampa, for Plaintiff. Roland Gomez, Law Office of Roland Gomez, Miami.
ORDER OF FINAL SUMMARY JUDGMENT
THIS CAUSE having come to be heard before The Honorable Dishowitz on May 1, 2009, upon State Farm’s Motion for Summary Judgment and Defendant’s Motion for Summary Judgment, and the Court having being advised in the premises, it is hereby
ORDERED AND ADJUDGED:
1. This Court finds that Florida Statute §627.7405 regarding the insurer’s rights of reimbursement specifically provides “a right of reimbursement against the owner or the insurer of the owner of a commercial motor vehicle”. The use of the word “insurer” as opposed to the “personal injury protection insurer” as reflected in other parts of the statute, clearly results in the statute entitling State Farm to a right of reimbursement against the insurer of the commercial motor vehicle, even if the policy does not include personal injury protection coverage. The use of the term “insurer” in a general terminology results in the commercial carrier being obligated to reimburse State Farm all no-fault benefits paid on behalf of the State Farm insured notwithstanding the lack of a no-fault policy. Benefits may be paid to State Farm under the various coverage provisions of the policy.
2. Based on the above, State Farm shall be entitled to Summary Judgment against Defendant, First Commercial Transportation. State Farm is entitled to recover from Defendant the sum of $10,000.00 that shall accrue interest at a rate of 8% per annum, for which sum let execution issue.
3. Defendant’s Motion for Summary Judgment shall hereby be DENIED.
4. The Court shall reserve jurisdiction to address and rule on Plaintiff’s Motion for Entitlement to Costs and Attorneys’ Fees. The Court shall reserve jurisdiction to enforce this judgment.
