7 Fla. L. Weekly Supp. 615a
Insurance — Automobile — Limitation of actions — Seatbelt endorsement in automobile insurance policy constitutes medical payments benefits and, consequently, five-year personal injury protection statute of limitations applies
JANINA NELSON, Plaintiff, v. UNITED SERVICE AUTOMOBILE ASSOCIATION, Defendant. Circuit Court, 6th Judicial Circuit in and for Pinellas County. Case No. 97 004821 CI 020. June 12, 2000. Charles W. Cope, Judge. Counsel: Guy N. Perenich, Perenich, Carroll, Perenich, Avril & Caulfield, P.A., Clearwater. Gregory Blackburn.
ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGEMENT
THIS CAUSE having come upon to have been heard by the Court on the Plaintiff, JANINA NELSON’S Motion for Summary Judgment pursuant to Plaintiff’s Action for Declaratory Decree, and the Court having heard arguments of counsel and based upon a review of the Declarations Sheet, a review of UNITED SERVICE AUTOMOBILE ASSOCIATION’S Policy and the Affidavit of John C. Brouwer, the Court finds that the endorsement, as published, constitutes medical payments benefits and, consequently, the language of the statute will supersede the language of the policy and in accordance with Swearingen v. State Farm, 590 So.2d 506 (Fla 4th DCA 1991), it is hereby:
ORDERED AND ADJUDGED:
(1) That the Plaintiff’s Motion for Summary Judgement is hereby granted,
(2) that the PIP limitations of (5) five years applies; and
(3) that the Court retains jurisdiction for the imposition of Attorney’s fees and costs.
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