8 Fla. L. Weekly Supp. 859a
Insurance — Personal injury protection — Venue in contract case is not limited to county where accident occurred — Service upon insurer in PIP case is proper in any county in state — Motion to dismiss denied
EARNEST LASSITER, Plaintiff, vs. LIBERTY MUTUAL INSURANCE COMPANY, Defendant. County Court, 10th Judicial Circuit in and for Polk County. Case No. 01-CC11-3113. October 19, 2001. Michael E. Raiden, Judge. Counsel: Alexander Billias, Morgan, Colling & Gilbert, P.A., for Plaintiff. Peter M. Farren, Hyde, Gomer & Derrick, for Defendant.
ORDER DENYING DEFENDANT’S MOTION TO DISMISS
This matter having come before the Court on October 12, 2001, on Defendant’s Motion to Dismiss, (certificate date September 11, 2001), and the Court having reviewed the file, having heard argument of counsel and being fully advised in the premises, it is hereby
ORDERED and ADJUDGED as follows:
1. The accident in this case occurred in Hillsborough County, Florida.
2. As this is a breach of contract case, and not a tort case, proper venue is not limited to the county where the accident occurred.
3. Liberty Mutual Insurance Company is a corporate defendant.
4. In personal injury protection cases, service upon corporate defendants such as Liberty Mutual Insurance Company is proper in any county in the State of Florida.
5. Defendant’s Motion to Dismiss is without merit and is DENIED.
6. Defendant shall have twenty (20) days from the date of this Court’s entry of this order to file an answer in this case.
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