26 Fla. L. Weekly Supp. 887a
Online Reference: FLWSUPP 2611PITTInsurance — Personal injury protection — Exclusions — Claimant who was not listed under policy and who was owner of motor vehicle in Florida for which security was required under No-Fault Law was specifically excluded from PIP coverage under policy at issue
MARISSA FAITH PITTS f/n/a MARISSA FAITH MILLS, Plaintiff, v. PROGRESSIVE SELECT INSURANCE COMPANY f/k/a PROGRESSIVE AUTO PRO INSURANCE COMPANY and STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant(s). Circuit Court, 13th Judicial Circuit in and for Hillsborough County. Case No. 18-CA-005038 (A), Civil Division. January 28, 2019. Cheryl K. Thomas, Judge. Counsel: Alexis M. Cotten, St. Petersburg, for Plaintiff. Michael E. Bringuier, Tampa, for Defendant.
[Note: Motion for rehearing filed 2/5/2019. See FLWSUPP 2701PITT. Hearing on motion scheduled for May 29, 2019.]
FINAL ORDER GRANTING DEFENDANT,PROGRESSIVE SELECT INSURANCE COMPANY’SMOTION FOR SUMMARY JUDGMENT AND DENYINGPLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
THIS CAUSE having come to be heard on November 28, 2018 on Plaintiff’s Motion for Summary Judgment (certificate of service 8/8/18) and Defendant, Progressive Select Insurance Company’s, Motion for Summary Judgment (certificate of service 9/24/18) and the Court having heard the argument of counsel, and being otherwise fully advised in the premises, hereby finds as follows:
1. Based on the undisputed record evidence, at the time of the subject automobile accident, the Plaintiff, Marissa Pitts Mills (“Mills”) was the driver of a motor vehicle, a 2011 Chevy Cruze with vehicle identification number 1G1PF5S98B7305299. At the time of subject automobile accident, this vehicle was insured by Defendant, Progressive Select Insurance Company.
2. As a result of the subject automobile accident, Mills claimed PIP coverage and PIP benefits under Progressive’s policy.
3. Based on the undisputed record evidence, at the time of the subject automobile accident, the Plaintiff, Mills, was not insured under any automobile insurance policy issued by the Defendant, Progressive Select Insurance Company.
4. However, the Plaintiff, Mills, owned a motor vehicle to which security was required under the Florida Motor Vehicle No-Fault Law. Namely, a 2014 Kia Cadenza with vehicle identification number KNALN4D72E5167318.
5. Progressive’s policy (Form 9611D) contained a policy exclusion which specifically excluded PIP coverage from parties not listed on the subject policy who own a motor vehicle to which security is required under the Florida Motor Vehicle No-Fault Law. As the Plaintiff owned a motor vehicle to which security was required under the Florida Motor Vehicle No-Fault Law, the Plaintiff was/is specifically excluded from PIP coverage under the subject Progressive Select Insurance Company policy language, and is therefore not entitled to PIP benefits from Defendant, Progressive Select Insurance Company for the subject claim.
It is therefore ORDERED AND ADJUDGED:
6. Defendant, Progressive Select Insurance Company’s, Motion for Summary Judgment and Final Declaratory Judgment against the Plaintiff is hereby GRANTED, as the pleadings, affidavits, and other materials that would be admissible in evidence on the file show that there is no genuine issue of material fact and that as a matter of law, the Defendant, Progressive Select Insurance Company, has no liability to the Plaintiff for PIP coverage or benefits. Plaintiff shall take nothing by this action against Defendant and the Defendant, Progressive Select Insurance Company, shall go hence without day.
7. With respect to Plaintiff’s claim for declaratory relief against Defendant, Progressive Select Insurance Company, this Court hereby enters a final declaration as follows:
a. Defendant, Progressive Select Insurance Company’s subject policy language (Form 9611D) specifically excludes coverage to parties not listed on the subject policy who own a motor vehicle to which security was required under the Florida Motor Vehicle No-Fault Law. Based on the undisputed record evidence, Plaintiff was such a party in this action. As such, the Defendant, Progressive Select Insurance Company, has no liability to the Plaintiff.
b. Plaintiff shall take nothing by this action against Progressive Select Insurance Company and the Defendant, Progressive, shall go hence without day.
8. The Court reserves jurisdiction to determine entitlement and amount of reasonable attorney’s fees and costs to the Defendant, Progressive Select Insurance Company, upon a timely motion.
9. Plaintiff’s Motion for Summary Judgment is hereby DENIED.
