Florida/Georgia Personal Injury & Workers Compensation

...If our construction is in conflict with Valdes, supra, then so be it. The judgment appealed is AFFIRMED. BOYER, C.J., and McCORD, J., concur. NOTES [1] It is noted at the outset that the uninsured motorist statute, F.S. 627.727, is not a part of the Florida Automobile Reparations Reform Act, F.S. 627.730-627.741. [2] This definition is markedly similar to the definition of "motor vehicle" in the Florida Automobile Reparations Reform Act, F.S. 627.732. [3] Florida Statutes 627.730-627.741....

...The following are the pertinent portions of the No-Fault Law applicable to the issues in this case: 627.737 Tort exemption; limitation on right to damages; punitive damages. — (1) Every owner, registrant, operator, or occupant of a motor vehicle with respect to which security has been provided as required by ss. 627.730-627.7405, and every person or organization legally responsible for his acts or omissions, is hereby exempted from tort liability for damages because of bodily injury, sickness, or disease arising out of the ownership, operation, maintenance, or use of such motor vehicle in this state to the extent that the benefits described in s. 627.736(1) are payable for such injury, or would be payable but for any exclusion authorized by ss. 627.730-627.7405, under any insurance policy or other method of security complying with the requirements of s....

...ish, and inconvenience for such injury under the provisions of subsection (2). (2) In any action of tort brought against the owner, registrant, operator, or occupant of a motor vehicle with respect to which security has been provided as required by ss. 627.730-627.7405, or against any person or organization legally responsible for his acts or omissions, a plaintiff may recover damages in tort for pain, suffering, mental anguish, and inconvenience because of bodily injury, sickness, or disease ar...

...Matthews, 498 So.2d 421 (Fla. 1986), supports the district court's holding. In Matthews, we clearly distinguished motor vehicle no-fault insurance from health insurance, stating: The statute in question is contained in the Florida Motor Vehicle No-Fault Law, section 627.730, which establishes the no-fault concept between motor vehicle insurers....

...overed by their PIP policies. Any issues regarding the contracts may be addressed on remand. [3] The county court awarded damages in the amount of $74.95 and $349.23 (including prejudgment interest) on the Winik and Weisner claims, respectively. [4] Section 627.730, Florida Statutes (2006), states that "[s]ections 627.730-627.7405 may be cited and known as the `Florida Motor Vehicle No-Fault Law.'" [5] PPO policies are in essence a managed care option to insurance, in which insurers "strongly encourage[] [policyholders] to choose a `preferred' provider ....

...se of the defendant's tort immunity under no-fault, we believe the requirement expressed in the Flood case has been met. REVERSED AND REMANDED for a new trial on the issue of punitive damages. HOBSON, Acting C.J., and CAMPBELL, J., concur. NOTES [1] § 627.730-741, Fla....

...The case arose out of a motor vehicle accident in which Laberge's automobile struck Vancleave's from the rear, and she suffered an injury to her neck or upper spine. The issue at trial was whether Vancleave suffered a permanent injury pursuant to the "threshold" requirements of section 627.730, Florida Statutes (1985)....

...Graham of Landis, Graham, French, Husfeld, Sherman & Ford, DeLand, for appellee. SMITH, Judge. Summary judgment was entered against appellant Margaret Tapscott on her claim against State Farm for personal injury protection benefits payable under the Florida Automobile Reparations Reform Act, § 627.730 et seq., F.S....

...who fails to have such security in effect at the time of an accident shall have no immunity from tort liability, but shall be personally liable for the payment of benefits under § 627.736. With respect to such benefits, such an owner shall have all of the rights and obligations of an insurer under §§ 627.730-627.741." (Italics supplied.) It was this provision upon which the trial court predicated judgment against Farley....

...al thereof, that Farley is such a "relative." If Farley is a relative, Gateway is liable for the reasons stated by Judge McNulty; if he is not a relative, the provisions relied upon by Gateway to deny coverage would be wholly inapplicable. NOTES [1] Section 627.730 et seq., F.S....

...the Volkswagen at the time of the accident. We are unable to locate any Florida cases considering the definition of "occupying" a motor vehicle as raised in the context of this case. However, after a reading of the Automobile Reparations Reform Act, § 627.730, et seq., Fla....

...pense coverage, quoted above, is in all material respects identical to the definition of "relative residing in the same household" found in section 627.732(6), Florida Statutes (2005), which is part of the Florida Motor Vehicle No-Fault Law. [1] See § 627.730....

...ate Insurance Company. Petitioner Tavares further alleged that he had made a demand upon the defendant Allstate Insurance Company for personal injury protection benefits pursuant to the Florida Automobile Reparations Reform (No-Fault Insurance) Act, Section 627.730, 627.741, Florida Statutes (1975), and that Allstate had refused to pay such benefits....

...This appeal then followed. The thrust of the appeal is whether an automobile which has been rendered inoperable due to mechanical failure or defect is subject to the security requirements of the Florida Automobile Reparations Reform Act (No-Fault). Section 627.730, et seq., Florida Statutes (1971)....

...isadvantage against other health insurers, should not be permitted to sue to recover collateral source benefits paid to its insured. Respondents' argument is fallacious. The statute in question is contained in the Florida Motor Vehicle No-Fault Law, section 627.730, which establishes the no-fault concept between motor vehicle insurers....

...from suit for non-economic damages should he injure another, absent certain limited exceptions, [5] as well as the $10,000 PIP coverage. The insurer has no right of subrogation with regard to these amounts. [6] PIP benefits due from an insurer under section 627.730-627.7405, are deemed to be primary....

...d an adverse summary judgment. The judgment appealed from is reversed and the cause is remanded for further proceedings consistent with this opinion. MILLS, C.J., and BOOTH, J., concur. NOTES [1] Florida Automobile Reparations Reform Act (No Fault), Section 627.730, et seq., Florida Statutes (1975)....

...circumstances described in subparagraph 1. or subparagraph 2., provided the relative at the time of the accident is domiciled in the owner's household and is not himself the owner of a motor vehicle with respect to which security is required under ss. 627.730-627.741." [5] See footnotes 1-4, supra....

...(now codified at § 627.736, Fla. Stat. (2000)). The public policy shift was completed in 1977 when the state abandoned compulsory bodily injury liability insurance in favor of compulsory first-party no-fault coverage. See ch. 77-468, Laws of Fla. (now codified at § 627.730-.7405, Fla....

...t was required to obtain insurance in accordance with the Florida Motor Vehicle No-Fault Law, and was self-insured for PIP benefits because he failed to do so, the summary judgment for appellee is AFFIRMED. SMITH and BARFIELD, JJ., concur. NOTES [1] Section 627.730, et seq., Florida Statutes (1983). This act was formerly known as the "Florida Automobile Reparations Reform Act." § 627.730, Fla....

...automobile insurance policy issued to Diane Loos. The trial court held that Section 627.736(4)(d)4a, Florida Statutes (1975), disentitles Malen to benefits since he was "the owner of a motor vehicle with respect to which security is required under ss. 627.730-627.741 ..." We reverse....

...the vehicle's inoperability was not one being maintained for operation on the streets and highways. Similarly, we find that Malen's vehicle was not one being maintained for operation on the streets and highways for which security was required under Section 627.730, et seq., Florida Statutes (1975)....

...coverage for property damage liability, collision coverage, and comprehensive coverage. On the second automobile—a 1990 Toyota that apparently is a teenager's car—she has only the minimum requirements under the Florida Motor Vehicle No-Fault Law. See § 627.730-.7405, Fla....

...eements and the payor contracts will be addressed by the trial courts on remand. Reversed and remanded for further proceedings consistent with this opinion; certified question answered; conflict certified. FULMER and SALCINES, JJ., Concur. NOTES [1] § 627.730-.7405, Fla.Stat....

...hat appellants "... have no cause of action against [appellees] in that [appellants] have not complied with terms and requirements of the Florida Automobile Reparations Act and therefore have no cause of action against these [appellees]." Fla. Stat. § 627.730-741, effective January 1, 1972....

...DAUKSCH, J., concurs specially with opinion. DAUKSCH, Judge (concurring specially). Appellant purchased from Appellee an insurance policy which included two "benefits." One, that if she were to pay a certain premium she would receive personal injury protection as required by Section 627.730, et seq., Florida Statutes (1975)....

...He testified that he had no intent to drive his truck until he got his license restored and could borrow enough money to fix the clutch. The question in this case is whether Oehme's truck, at the time of the accident, was a "motor vehicle with respect to which security is required under ss. 627.730 — 627.741......

...This evidence supports the trial judge's conclusion that, at the time of the accident, Oehme had abandoned the use of the truck as a motor vehicle within the meaning of Chapter 320, and accordingly, the judgment appealed is AFFIRMED. COBB, C.J., and COWART, J., concur. NOTES [1] § 627.730-627.741, Fla....

...Accordingly, the plaintiff urges that Industrial's policy does not conform to statutory requirements because the definition given in the policy for "named insured" varies from the definition provided by the Florida Automobile Reparation Reform Act, Section 627.730, et seq., Florida Statutes (1977), where Section 627.732, Florida Statutes (1977), defines "named insured" as follows: "As used in ss. 627.730 — 627.741: * * * * * * (3) `Named insured' means a person, usually the owner of a vehicle, identified in a policy by name as the insured under the policy." It is suggested that because the wording of Industrial's policy includes the polic...

...WHATLEY and DAVIS, JJ., Concur. NOTES [1] The declaration pertained to PIP benefits allowable under the statutory provisions in effect beginning January 1, 2008. This opinion is limited to the statutory provisions in effect for 2008. [2] "Sections 627.730-627.7405 may be cited and known as the `Florida Motor Vehicle No-Fault Law.'" § 627.730, Fla....

...mary judgment favorable to the insurer, from which the insured has appealed. We affirm. Mr. Osepchook was the named insured under an automobile liability insurance policy issued by Gateway Insurance Company, which policy provided security under F.S. Section 627.730-627.741, F.S.A., known as the "Florida Automobile Reparations Reform Act"....

...da Automobile Reparations Reform Act to purchase basic property damage coverage. I would reverse and remand this cause. NOTES [1] "627.738 Property damage, basic or full coverage; tort liability. — * * * (2) Every insurer providing security under §§ 627.730-627.741 shall offer the owner either full or basic coverage for accidental property damage to the insured motor vehicle, as follows: * * * (b) Basic coverage shall be limited to insurance against damage caused by the fault of another resulting from contact between the insured vehicle and a vehicle with respect to which security is required under §§ 627.730-627.741." [2] Now found in F.S....

of the Florida Motor Vehicle No-Fault Law. See § 627.730, Fla. Stat. (2008) (“Sections 627.730-627.7405

...rections to enter summary judgment for appellants on the issue of insurance coverage for the moped in question. Reversed and remanded with directions. . Both cases were brought to the court's attention by the parties subsequent to oral argument. . §§ 627.730 — 627.741, Fla.Stat. (1981). (Sections 627.730 — 627.7405 are currently known as the "Florida Motor Vehicle No-Fault Law." § 627.730, Fla.Stat....

...This same fear cannot be attributed to a person riding in an enclosed vehicle with protection from the elements and other vehicles. In conclusion, we hold that the utility vehicle herein was not a motorcycle within the meaning of the Florida Automobile Reparations Reform Act, F.S. § 627.730, et seq....

...imbursement to 80% of the schedule of maximum charges described in F.S. 627.736(5)(a) if its policy does not make a specific election to do so? We answer the certified question in the negative. Within Florida’s Motor Vehicle No-Fault Law, sections 627.730 — 627.7405, Florida Statutes (2008), is the section governing PIP coverage, section 627.736 (the “PIP statute”)....

...ovides in relevant part: 627.736 Required personal injury protection benefits; exclusions; priority; claims.— [[Image here]] Applicability of provision regulating attorney’s fees. — • * * * (8) With respect any dispute under the provision of section 627.730-627.7405 between the insured and the insurer, or between an assignee of an insurer’s rights and the insurer, the provision of section 627.428 shall apply, except as provided in sub-section (11)....

Florida Automobile Reparations Reform Act, Section 627.730 et seq., Florida Statutes (1975). The trial

SMITH, Judge. Travelers appeals from a judgment awarding appellee Mclnroy personal injury protection benefits, with interest, payable under Travelers’ motor vehicle insurance contract and the Florida Automobile Reparations Reform Act, Section 627.730, et seq., Florida Statutes (1975)....

...action in that (1) the uninsured motorist endorsement does not provide personal injury protection coverage under § 627.727 Fla.Stats., F.S.A. and (2) an individual not owning a vehicle is not required to carry insurance to cover losses pursuant to § 627.730 Fla.Stat., F.S.A....

Florida Automobile Reparations Reform Act, section 627.730, et seq., Florida Statutes (1981). Given that

respect to which security was required by section 627.-730, et seq., Florida Statutes (1979), she is

...While he was stopped at a traffic light, his foot slipped onto the accelerator by accident and the car hit the car ahead of the station wagon causing injury to the plaintiff. The only defense raised to the complaint by the defendant was the claim that the action was barred by Fla.Stat. § 627.730 et seq....

...actual provision. For PIP litigation, section 627.736(8), Florida Statutes (2019), addresses entitlement to attorney’s fees: Applicability of provision regulating attorney fees.--With respect to any dispute under the provisions of ss. 627.730- 627.7405 between the insured and the insurer, or between an assignee of an insured’s rights and the insurer, the provisions of ss....

.... 3 § 627.736(8), Fla. Stat. (2019) (emphasis added). 1 Thus, to determine entitlement to fees pursuant to section 627.736(8), we are confronted with the meaning of the statutory language, “[w]ith respect to any dispute under the provisions of ss. 627.730-627.7405.” Id. In the first statute in the designated series, the legislature has made it clear that “[s]ections 627.730-627.7405 may be cited and known as the ‘Florida Motor Vehicle No-Fault Law.’” § 627.730, Fla. Stat. (2019). In the second statute in the series, the legislature has defined the purpose of the Florida Motor Vehicle No-Fault Law: The purpose of ss. 627.730-627.7405 is to provide for medical, surgical, funeral, and disability insurance benefits without regard to fault, and to require motor vehicle insurance securing such benefits, for motor vehicles required to be regi...

...Section 627.736(1) requires that PIP policies afford three types of benefits: (1) medical benefits; (2) disability benefits; and (3) death benefits. § 627.736(1), Fla. Stat. (2019). Section 627.736(4) provides that benefits due from an insurer under sections 627.730-627.7405 are primary, except benefits received under any workers’ compensation law....

...object be construed together to harmonize the statutes and to give effect to the Legislature’s intent.” Id. (quoting Fla. Dep’t of State, Div. of Elections v. Martin, 916 So. 2d 763, 768 (Fla. 2005)). Applying the plain language and in para materia principles to sections 627.730, 627.731, and 627.736(1), (4)(b), (4)(d), and (8), we conclude that the statutory entitlement to interest on overdue PIP benefits is not in and of itself a PIP benefit for which attorney’s fees are payable under section 627.736(8)....