20 Fla. L. Weekly Supp. 524a
Online Reference: FLWSUPP 2005JACKInsurance — Personal injury protection — Reimbursement by insurer of commercial vehicle — Van used primarily for business and commercial purposes is commercial motor vehicle under PIP statute
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff, vs. JACKSONVILLE TRANSPORTATION GROUP, LLC AND ULLICO CASUALTY COMPANY, Defendant. County Court, 4th Judicial Circuit in and for Duval County. Case No. 16-2010-CC-005560-XXXX-MA, Division: F. September 5, 2012. James A. Ruth, Judge. Counsel: David B. Kampf, Ramey & Kampf, P.A., Tampa, for Plaintiff. W. Alan Winter, Winter Law Firm, Neptune Beach, for Defendants.
ORDER ON PLAINTIFF’S MOTION FORRECONSIDERATION/REHEARING OF THISCOURT’S ORDER DATED MAY 21, 2012
THIS CAUSE having come before the Court on Plaintiff’s Motion for Reconsideration/Rehearing of this Court’s Order dated May 21, 2012, and the Court having heard argument of counsel on August 22, 2012, and having reviewed the file and being otherwise advised in the Premises, it is hereby
ORDERED and ADJUDGED that:
1. The undisputed facts are that the vehicle at issue is a van that is used primarily for business and commercial purposes. The van is owned by Defendant Jacksonville Transportation Group and insured by Ullico Casualty Company.
2. Plaintiff sought summary judgment based on the vehicle being a commercial motor vehicle as defined under Florida no-fault law. Defendant sought an order of this Court that the vehicle at issue is not a commercial motor vehicle as it may not meet the definition of a commercial motor vehicle under Florida or federal statutes unrelated to Florida no-fault law, including under the Florida Uniform Traffic Guidelines.
3. This Court relies upon Jacksonville Transportation Group, L.L.C., v. State Farm, Appellate Case Number: 2009-AP-20 (Fla. 4th Jud. Cir., December 7, 2010), as well as the other cases provided by counsel, and Florida no-fault law including pursuant to Florida Statute §627.732(3), which provides there to be two (2) types of motor vehicles; commercial and private passenger. A commercial motor vehicle is “any motor vehicle which is not a private passenger motor vehicle”. The statute defines a private passenger motor vehicle as “any motor vehicle which is a sedan, station wagon, or jeep-type vehicle and, if not used primarily for occupational, professional or business purposes, a motor vehicle of the pickup, panel, van, camper, or motor home type”.
4. Based on the above cited case, this Court is to rely upon the statutory definition for a commercial motor vehicle under Florida Statute §627.732(3). The cited statutory provision is clearly the provision that is to be relied upon in defining whether the vehicle at issue is a private passenger motor vehicle or commercial motor vehicle.
5. The Court finds that it is undisputed that the van at issue is not a sedan, station wagon or jeep-type vehicle. The van is used primarily for occupational, professional or business purposes. It may only be a private passenger motor vehicle if it is not used primarily for occupational, professional or business purposes.
6. By definition, under Florida no-fault law, the van is not a private passenger motor vehicle since it was used primarily for occupational, professional or business purposes.
7. Since a commercial motor vehicle is “any motor vehicle which is not a private passenger motor vehicle”, and the van is not a private passenger motor vehicle, the van must be deemed a commercial motor vehicle under Florida no-fault law. That is, the only option for the type of motor vehicle is that it must be a commercial motor vehicle by the clear reading of the no-fault statute.
8. In fact, even if this Court accepts Defendant’s argument that it is not a commercial motor vehicle under a separate and distinct statute than the no-fault statute, the van is still a commercial motor vehicle under the no-fault statute.
9. Based on the above, this Court finds that the definition of a commercial motor vehicle to rely upon in a matter founded upon F.S. §627.7405, is the definition provided for under Florida no-fault law. However, even should other definitions be considered, the van is still not a private passenger motor vehicle under Florida no-fault law. Since it is not a private passenger motor vehicle, the only other option for the vehicle is that it must be a commercial motor vehicle.
10. As a result of being a commercial motor vehicle under Florida no-fault law, Plaintiff possesses a right of reimbursement under Florida no-fault law.
11. This Court hereby enters an Order granting Plaintiff’s Motion for Reconsideration/Rehearing. The Court further hereby grants Plaintiff’s Motion for Summary Judgment in accordance with this ruling and denies Defendant’s Motion for Summary Judgment in accordance with this ruling.
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