26 Fla. L. Weekly Supp. 121b
Online Reference: FLWSUPP 2602ROSAInsurance — Personal injury protection — Coverage — Passenger in non-owned vehicle
BEDFORD MEDICAL CHIROPRACTIC, INC. a/a/o Christopher Rosario, Plaintiff, v. ALLSTATE INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 2014-SC-2897-O. February 19, 2018. Faye Allen, Judge. Counsel: Donald J. Masten, Orlando, for Defendant. Robert Morris, Eiffert & Associates, P.A., Orlando, for Plaintiff.ORDER ON DEFENDANT’S MOTION FORSUMMARY JUDGMENT and FINAL JUDGMENT
THIS CAUSE came before the Court on Defendant’s Motion for Summary Judgment, and the Court, having reviewed the pleadings, having heard argument of counsel and being otherwise fully advised of the premises,
IT IS HEREBY ORDERED AND ADJUDGED as follows:
1. Defendant’s Motion For Summary Judgment is hereby GRANTED. Final judgment is hereby entered against Plaintiff and in favor of Defendant.
2. Christopher Rosario, as a driver under Allstate’s policy, is not entitled to no-fault benefits for any injuries sustained while a passenger in a non-owned vehicle. See Direct General Insurance Company v. Vreeman, 943 So.2d 914 (1st DCA 2006) [31 Fla. L. Weekly D3017c]. Christopher Rosario is not specifically mentioned as a named insured and he was never a resident relative.
3. Defendant shall go hence without day.
4. The Court reserves jurisdiction to determine the reasonable amount of attorney’s fees and costs.
