21 Fla. L. Weekly Supp. 94a
Online Reference: FLWSUPP 2101PALMInsurance — Personal injury protection — Reimbursement by insurer of commercial vehicle — PIP insurer is entitled to reimbursement of all no-fault benefits paid to its insured for injuries sustained in public school bus irrespective of fact that bus was not required to be insured under no-fault law
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff, vs. THE PALM BEACH COUNTY SCHOOL DISTRICT, Defendant. County Court, 15th Judicial Circuit in and for Palm Beach County, Civil Division. Case No. 502011CC006846XXXXMB. September 25, 2013. Nancy Perez, Judge. Counsel: David B. Kampf, Ramey & Kampf, P.A., Tampa, for Plaintiff.
AFFIRMED. 21 Fla. L. Weekly Supp. 1016c, FLWSUPP 2110PALM
FINAL SUMMARY JUDGMENT
THIS CAUSE came before the Court on Plaintiff, State Farm Mutual Automobile Insurance Company’s Motion for Entry of Final Judgment, and the Court, having heard argument and being otherwise advised in the premise, makes the following findings:
1. Plaintiff, State Farm Mutual Automobile Insurance Company, is the prevailing party in this matter and shall be entitled to an award of damages pursuant to Florida Statute 627.7405.
2. That the undisputed facts reveal the State Farm insured was an occupant of a public school bus owned by The Palm Beach County School District.
3. Section 627.7405, Florida Statutes, provides a right of reimbursement to State Farm for benefits paid to the State Farm insured from the insurer or the owner of a commercial motor vehicle, “if the benefits paid result from such person having been an occupant of the commercial motor vehicle.” Benefits must be reimbursed to State Farm regardless of whether your vehicle is at fault for the accident. See Amerisure Ins. Co. v. State Farm, Case No. SC04-387 (Fla. March 17, 2005) [30 Fla. L. Weekly S153a], wherein the Florida Supreme Court determined that the lack of fault on the commercial vehicle is not a defense to reimbursement.
4. As the undisputed facts reveal the vehicle was used primarily for business, occupational and professional services, it shall be deemed a commercial motor vehicle notwithstanding Defendant’s position that the vehicle is not required to be insured under F.S. 627.733(1) and should therefore not be obligated to reimburse State Farm under the no-fault law.
5. State Farm shall hereby be entitled to reimbursement of all no-fault benefits paid to its insured. Thus, this Court finds that Plaintiff shall recover from Defendant damages totaling $10,000.00. This Court further finds Plaintiff is entitled to reasonable costs of $572.20.
Based upon the above findings, it is hereby:
ORDERED AND ADJUDGED:
1. State Farm is entitled to recover from Defendant the sum of $10,572.20 that shall accrue interest at the rate of 4.75% per annum, for which sum let execution issue.
2. This Court reserves jurisdiction to address and determine Plaintiff’s entitlement and reasonableness of attorneys’ fees and costs.
* * *
