18 Fla. L. Weekly Supp. 733c
Online Reference: FLWSUPP 1809GARO
Insurance — Personal injury protection — Coverage — Policy issued during gap period between expiration and reenactment of PIP statute is not governed by reenacted statute
RPM MEDICAL CENTER, INC., a/a/o Hermer J. Garofalo, Appellant, vs. MERCURY INSURANCE COMPANY OF FLORIDA, Appellee. Circuit Court, 11th Judicial Circuit (Appellate) in and for Miami-Dade County. Case No. 09-562 AP. L.C. Case No. 09-1352 SP 26. June 29, 2011. On Appeal from the County Court for Miami-Dade County, Patricia Marino Pedraza, Judge. Counsel: Marlene S. Reiss, Marlene S. Reiss, P.A., for Appellant. Dale E. Tarpley, Dutton Law Group, P.A., for Appellee.
Cert. granted in part, denied in part (award of appellate attorney’s fees quashed). 37 Fla. L. Weekly D421a
[Lower court order at 16 Fla. L. Weekly Supp. 1079a]
(Before FERNANDEZ, SANCHEZ-LLORENS, and GORDO, JJ.)
(PER CURIAM.) This is an appeal by RPM Medical Center, Incorporated as assignee of Hermer J. Garofalo (hereinafter referred to as “RPM Medical”) to reverse the trial court granting summary judgment in favor of Mercury Insurance Company of Florida (hereinafter referred to as “Mercury”) based on the retroactive application of the 2008 Florida Motor Vehicle No-Fault Law statute. The standard of review governing a trial court’s ruling on a motion for summary judgment is de novo. Volusia County v. Aberdeen at Ormond Beach, L.P., 760 So. 2d 126 (Fla. 2000) [25 Fla. L. Weekly S390a]; Sierra v. Shevin, 767 So. 2d 524 (Fla. 3d DCA 2000) [25 Fla. L. Weekly D1605a].
The statute in effect at the time of the execution of the insurance contract governs any issues arising from the contract. Hassen v. State Farm Mut. Ins. Co., 674 So. 2d 106, 108 (Fla. 1996) [21 Fla. L. Weekly S102c]; Lumbermans Mut. Cas. Co. v. Ceballos, 440 So. 2d 612 (Fla. 3d DCA 1983). However, in this case, the Florida Motor Vehicle No-Fault Law expired on October 1, 2007. The effective date of the insurance policy contract was December 12, 2007. The Florida Motor Vehicle No-Fault Law was reenacted on January 1, 2008; therefore the policy at issue was not governed by the Florida Motor Vehicle No-Fault Law. Geico Indemnity Co. v. Physicians Group, LLC, 47 So. 3d 354, 357 (Fla. 2d DCA 2010) [35 Fla. L. Weekly D1850a].
The summary judgment is hereby reversed. The Court awards appellate attorney fees’ and costs to RPM Medical to be determined by the trial court. This case is remanded to the trial court for proceedings consistent with this opinion.
REVERSED.
