19 Fla. L. Weekly Supp. 892a
Online Reference: FLWSUPP 1910CRUMInsurance — Personal injury protection — Reimbursement by insurer of commercial vehicle — Sedan used primarily, if not exclusively, in for-hire business that transports persons 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., Defendants. County Court, 11th Judicial Circuit in and for Miami-Dade County, Civil Division. Case No. 10-27656 CC 23 (4). May 21, 2012. Honorable Eric W. Hendon, Judge. Counsel: David B. Kampf, Ramey & Kampf, P.A., Tampa, for Plaintiff. Howard Gross, Gross & Telisman, P.A., Miami, for Defendants.
ORDER OF FINAL SUMMARY JUDGMENT
THIS CAUSE having come before the Court on May 21, 2012, upon Plaintiff’s Motion for Final Summary Judgment, and the Court having heard argument of counsel and being otherwise advised in the Premises, it is hereby
ORDERED and ADJUDGED:
1. On December 13, 2011, this Court heard argument, reviewed pleadings, motions, and other materials and rendered findings as to whether the vehicle at issue is a commercial motor vehicle. Via the prior Order, this Court denied Defendant’s Motion for Summary Judgment and further determined that the sedan owned by Defendant, ZUNI TRANSPORTATION, INC., and insured by Defendant, CRUM & FORSTER INDEMNITY COMPANY, is a commercial motor vehicle [19 Fla. L. Weekly Supp. 408d]. The Court did not hear Plaintiff’s Motion for Summary Judgment on the same issues.
2. On May 21, 2012, the Court heard argument based on Plaintiff’s Motion for Final Summary Judgment and determined that the vehicle at issue was used primarily, if not exclusively, in a for-hire business that transports individuals. The vehicle was covered under a commercial policy and for the purpose of furthering the commercial interests and business purposes of ZUNI TRANSPORTATION, INC. This Court finds that the usage of a vehicle is the primary concern in determining whether it is a commercial motor vehicle pursuant to Florida No-Fault law. The fact it is a sedan does not preclude it from being a commercial motor vehicle.
3. Based on the above, this Court finds that STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY shall be entitled to entry of an Order of Final Summary Judgment and that STATE FARM shall be awarded damages in the amount of $10,000.00 STATE FARM shall also be entitled to recover pre-judgment interest at 4.75% per annum dating back to May 23, 2010. Thus, pre-judgment interest totals
$950.00.
4. Therefore, this Court finds that Plaintiff, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, is the prevailing party in this matter and shall be awarded damages in the total amount of $10,950.00 for which sum let execution issue.
5. This Court reserves jurisdiction to address and determine entitlement and reasonableness of attorneys’ fees and costs.
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