25 Fla. L. Weekly Supp. 892a
Online Reference: FLWSUPP 2510FARMInsurance — No-fault law — Reimbursement — Counties — School boards — Sovereign immunity — Public school bus is included in definition of commercial motor vehicle, and insurer may pursue action for commercial right of reimbursement against school board as owner of vehicle and insurer of vehicle — Sovereign immunity does not bar reimbursement claim — Reimbursement awarded — Defendants jointly and severally liable for full amount
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff, v. LEE COUNTY SCHOOL BOARD AND SAFETY NATIONAL CASUALTY CORPORATION, Defendants. Circuit Court, 20th Judicial Circuit in and for Lee County, Civil Division. Case No. 16-CA-001327. October 30, 2017. Alane C. Laboda, Judge. Counsel: David B. Kampf, Ramey & Kampf, P.A., Tampa, for Plaintiff. Andrew S. Bolin, Beytin, McLaughlin, McLaughin, O’Hara, Bocchino & Bolin, Tampa, for Defendant Lee County School Board. Jeremy W. Rogers, Freeman Mathis & Gary, LLP, Tampa, for Defendant Safety National Casualty Corporation.
AFFIRMED (5-24-19). 44 Fla. L. Weekly D1352b
ORDER GRANTING STATE FARM’SMOTION FOR FINAL SUMMARY JUDGMENT
THIS CAUSE, having come before the Court on September 25, 2017, on State Farm’s Motion for Summary Judgment, and the Court having reviewed the file, hearing argument of counsel and being otherwise advised in the Premises, it is hereupon
ORDERED AND ADJUDGED that:
1. The LEE COUNTY SCHOOL BOARD asserts that sovereign immunity per F.S. 768.28 controls this suit and that STATE FARM may not pursue the current lawsuit for a commercial right of reimbursement per Florida No-fault law.
2. LEE COUNTY SCHOOL BOARD also asserts that when F.S. 627.732 and 627.733 are read together along with the Legislative history, it reveals that it was not the intent of the Legislature to subject School Districts to claims for commercial reimbursement under F.S. 627.7405.
3. SAFETY NATIONAL CASUALTY CORPORATION asserts it only provides coverage if their insured, LEE COUNTY SCHOOL BOARD, is required to carry PIP on the public school bus. Defendant asserts the since LEE COUNTY SCHOOL BOARD need not be required to secure PIP per F.S. 627.733, the LEE COUNTY SCHOOL BOARD is not an insured under the policy. Further, the Defendant asserts that the policy provides an exemption for occupants including occupants that have their own motor vehicle insurance.
4. That this court finds that the public school bus at issue is inclusive in the definition of a commercial motor vehicle and that STATE FARM has a right of reimbursement against the Defendant, LEE COUNTY SCHOOL BOARD, as the owner of the vehicle and against Defendant, SAFETY NATIONAL CASUALTY CORPORATION, as the insurer of the automobile.
5. Further, this Court finds that sovereign immunity does not bar the claim for reimbursement per F.S. 627.7405.
6. STATE FARM shall be entitled to reimbursement of $20,000.00. STATE FARM shall be entitled to pre-judgment interest of $2,375.00.
7. Therefore, STATE FARM shall be entitled to judgment in the amount of $22,375.00, for which sum let execution issue.
8. The Defendants are jointly and severally liable for the full amount.
9. The Court reserves jurisdiction to address entitlement and reasonableness of attorneys’ fees and cost.
