19 Fla. L. Weekly Supp. 408d
Online Reference: FLWSUPP 1905CRUMInsurance — Personal injury protection — Reimbursement by insurer of commercial vehicle — Sedan purchased for sole purpose of transporting persons and use in for-hire business is commercial motor vehicle, not private passenger motor vehicle
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff, vs. CRUM & FORSTER INDEMNITY COMPANY, AND ZUNI TRANSPORTATION, INC., Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County, Civil Division. Case No. 10-27656 CC 23 (4). January 30, 2012. Honorable Eric Hendon, Judge. Counsel: David B. Kampf, Ramey & Kampf, P.A., Tampa, for Plaintiff.
ORDER
THIS CAUSE having come before the Court on December 13, 2011 upon Defendant’s Motion for Summary, and the Court having heard argument of Counsel and being otherwise advised in the premises, it is hereby
ORDERED AND ADJUDGED:
1. That this Court finds that the vehicle is used primarily, if not exclusively, in a for-hire business. The vehicle is used to transport individuals and is covered under a commercial policy of insurance. As the vehicle is used only for commercial purposes and the Defendant, Zuni Transportation, Inc., purchased the vehicle for the sole purpose of transporting persons and for using a for-hire business, this Court finds that the usage of the vehicle is the primary concern in determining whether it is a commercial motor vehicle pursuant to Florida No-Fault Law.
2. Purchasing a bus or van for personal purposes does not result in the vehicle being deemed a commercial motor vehicle, and the opposite must hold true for the purchase of a sedan which is intended solely for commercial purposes. Further, the coverage under a commercial policy results in a broadening/expansion of the definition and coverage and the vehicle being deemed a commercial motor vehicle. It is therefore,
ORDERED AND ADJUDGED as follows:
1. Crum & Forster Indemnity Company’s and Zuni Transportation, Inc.’s Motion for Summary Judgment shall hereby be DENIED.
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