CENTRAL NATIONAL INSURANCE COMPANY, A FOREIGN CORPORATION, APPELLANT,
v.
SUSANA FERNANDEZ, A MINOR BY AND THROUGH HER FATHER AND NEXT FRIEND, ROBERTO FERNANDEZ AND ROBERTO FERNANDEZ, INDIVIDUALLY, APPELLEES
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The court held that a lawsuit was filed, entitling the insurer to equitable distribution, and that the awarded amount was reasonable.
[1] A settlement of a tort claim involving a minor requires the filing of a petition with the court for approval.
[2] When a lawsuit is filed in a case involving a minor's tort claim settlement, an insurance company is entitled to equitable distribution, not full reimbursement, of person…
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Join FLexlaw to unlock all legal intelligenceAn insured recovered $10,000 from a tortfeasor's insurer after the appellant insurance company paid $5,000 in PIP benefits. The insurer sought full re…
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PER CURIAM.
This appeal again brings before the court the difficult questions involving how much money an insured is required to pay back to his insurance company for personal injury protection (PIP) benefits paid by the company after the settlement of a claim against the tortfeasor. The facts in this case are that the appel-lees pursuant to a settlement approved by the trial court under the provisions of Fla. Stat. § 744.60, F.S.A., recovered from the tortfeasor, one Donald S. Nordin, and his insurance company, Aetna Casualty & Surety Company, the sum of $10,000, representing the limits of Nordin’s insurance policy.
The appellant insurance company, the no-fault insurance carrier for the appel-lees, paid to the latter the full amount of PIP benefits ($5,000) to which the appel-lees were entitled.
Before the trial court and before this court, the appellant has contended (1) that a lawsuit was never filed in this case and therefore the appellant is entitled to full reimbursement from its insured under Fla. Stat. § 627.736(3) (a) and, (2) even if a lawsuit was filed, as contended by the appellees, and subsection (3) (b) of the statute is applicable the sum of $300 awarded by the trial court as equitable distribution to the insurance company is unreasonable.
We hold first that a lawsuit was filed in this case which entitles the appellant to only equitable distribution. This is so because Section 744.60 cited above makes the filing of a petition with the court mandatory in order to have a settlement of a tort claim involving a minor approved.
Secondly, we think the award given in this case as equitable distribution was reasonable in light of the record and under the principles of law enunciated in White v. Reserve Insurance Company, Fla.App.1974, 299 So. 2d 661; Reyes v. Banks, Fla.App.1974, 292 So. 2d 39; Hartford Accident & Indemnity Company v. Diaz, Fla.App.1974, 296 So. 2d 504; and, Johnson v. State Farm Mutual Auto. Ins. Co., Fla.App.1974, 294 So. 2d 2.
Accordingly, the judgment appealed is affirmed.
Affirmed.
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State Farm Mut. Auto. Ins. Co. v. Tote, 325 So. 2d 57 (Fla. 3d DCA 1976)…f discretion has been demonstrated. See Liberty Mutual Insurance Company v. Avila, Fla.App.1975, 317 So. 2d 784; American Fire and Casualty Company v. Oller, Fla.App.1975, 313 So. 2d 67; Central National Insurance Company v. Fernandez, Fla.App.1975, 307 So. 2d 906; and Reyes v. Banks, Fla.App.1974, 292 So. 2d 39. Therefore, for the reasons stated and upon the authorities cited, the order appealed is affirmed. Affirmed.…
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Manchester Ins. & Indem. Co. v. Rodriguez, 331 So. 2d 372 (Fla. 3d DCA 1976)…cumstantial evidence, we conclude Manchester has failed to show an abuse of discretion in the award to it of $375 as equitable distribution. Cf. Hartford Accident & Indemnity, supra and Central National Insurance Company v. Fernandez, Fla.App. 1975, 307 So. 2d 906. Affirmed. PEARSON, J., dissents.…
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Liberty Mut. Ins. Co. v. Marcelino Avila, 317 So. 2d 784 (Fla. 3d DCA 1975)…Company, Fla.App. 1974, 299 So. 2d 661;1 Unigard Insurance Company v. Davis, Fla.App.1974, 299 So. 2d 667; Hartford Accident & Indemnity Company v. Orlow, Fla.App.1974, 300 So. 2d 36; Central National Insurance Company v. Fernandez, Fla.App. 1975, 307 So. 2d 906. One of the most recent opinions on this matter is one by the Fourth District Court of Appeal of Florida, which obviously was not available to the trial judge, styled American Fire and Casualty Company v. Oller, Fla.App.1975, 313 So. 2d 67 (1975). W…
Authorities Cited
- Florentine Reyes v. Leonard L. Banks, 292 So. 2d 39 (Fla. 4th DCA 1974)
- White v. Reserve Ins. Co., 299 So. 2d 661 (Fla. 1st DCA 1974)
- Hartford Accident & Indem. Co. v. Diaz, 296 So. 2d 504 (Fla. 3d DCA 1974)
- Johnson v. State Farm Mut. Auto. Ins. Co., 294 So. 2d 2 (Fla. 3d DCA 1974)