ALCIDES CAMACHO, APPELLANT,
v.
ALLSTATE INSURANCE COMPANY, APPELLEE
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The court held that the plaintiff's personal injury protection benefits were not applicable because the accident involved a vehicle not defined as a 'motor vehicle' under the Florida Automobile Reparations (No-Fault) Act.
[1] Personal injury protection benefits under the No-Fault Act are limited to injuries caused by physical contact with a motor vehicle as defined by statute.
[2] A vehicle used primarily in the occupation, profession, or business of the insured, or a commercial vehicle with four or more wheels, is not considered a motor vehicle fo…
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Join FLexlaw to unlock all legal intelligenceThe plaintiff was injured in an accident while driving his truck, which was not covered by PIP. He sought benefits under his personal auto policy with…
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NATHAN, Judge.
The plaintiff in the trial court appeals an adverse summary final judgment in an action to collect personal injury protection benefits under an insurance policy issued by the defendant.
On October 3, 1973, the plaintiff, Alcides Camacho, was driving a truck which he owned, when it became involved in an accident with another truck. Plaintiff did not have P.I.P. coverage on his truck, but, he did own a personal automobile on which the P.I.P. insurance was written by the defendant, Allstate Insurance Company. Plaintiff sustained injuries in the accident, which resulted in medical and hospital expenses and lost earnings. He made demand upon the defendant for payment of these expenses under his P.I.P. insurance coverage, but the defendant refused payment and denied coverage. The plaintiff then filed suit against the defendant for such benefits. The defendant filed an answer denying coverage, and in response to a request for admission admitted: (a) the existence of the policy, (b) receipt of timely notice, (c) receipt of proof of claim and (d) denial of coverage. After the plaintiff’s deposition was taken, each party moved for summary judgment. Upon hearing, the court granted the defendant’s motion for summary judgment and denied the plaintiff’s, whereupon this appeal ensued. The sole issued presented for our determination is whether the trial court erred in entering summary final judgment in favor of the defendant where the plaintiff, operating a truck used primarily in his business, was involved in an accident with another truck, which counsel stipulated was a “commercial vehicle”. We must consider the stipulation as meaning that such truck was used primarily in a business or occupation and had four wheels or inore.
We have carefully studied the No Fault Act in entertaining the question of whether coverage should be allowed in these circumstances. Due to the stipulation of counsel at the deposition of the plaintiff, it is undisputed that the plaintiff was involved in an accident with a vehicle which is not a motor vehicle as defined in the Florida Automobile Reparations (No-Fault) Act.
“(1) ‘Motor Vehicle’ means a sedan, station wagon, or jeeptype vehicle not used as a public livery conveyance for passengers and includes any other four-wheel motor vehicle used as a utility automobile and a pickup or panel truck which is not used primarily in the occupation, profession, or business of the insured.” § 627.732, Fla.Stat. The Act provides the guidelines for payments of benefits thereunder in § 627.-736(4) (d), Fla.Stat., which states:
“(d) The insurer of the owner of a motor vehicle shall pay personal injury protection benefits for:
1. Accidental bodily injury sustained in this state by the owner while occupying a motor vehicle, or while not an occupant of a motor vehicle or motorcycle if the injury is caused by physical contact with a motor vehicle.
2. . . .
3. . . .
4. Accidental bodily injury sustained in this state by any other person while occupying the owner’s motor vehicle or, if a resident of this state, while not an occupant of a motor vehicle or motorcycle, if the injury is caused by physical contact with such motor vehicle, provided the injured person is not himself:
a. The owner of a motor vehicle with respect to which security is required under §§ 627.730-627.741 or b. Entitled to personal injury benefits from the insurer of the owner of such a motor vehicle.”
The plaintiff asks us to extend the scope of such Act to include coverage in the circumstances sub judice. In support thereof, he relies heavily on Negron v. Travelers Insurance Company, Fla.App.1973, 282 So. 2d 28, wherein this court states at page 30,
“ . . . The language of the statute provides for coverage ' ... by the owner while occupying a motor vehicle, or while not an occupant of a motor vehicle or motorcycle if the injury is caused by physical contact with a motor vehicle’. . . . ”1
The pivotal issue, then, is whether the injury was caused by physical contact with a motor vechicle. There is no question that the vehicle involved in the accident with plaintiff Camacho’s truck was not a motor vehicle as defined in § 627.732, Fla.Stat., infra, and as applied in § 627.736(4) (d), Fla.Stat., infra, because counsel stipulated that it was a “commercial vehicle.” Therefore, the accident in the case at bar falls outside the ambit of the Act. Regardless of the plaintiff’s contentions to the contrary, the legislature has provided that only injuries caused by certain types of vehicles would be covered by the Act, to-wit: those included in the definition of motor vehicles, § 627.732, Fla.Stat., infra. Apparently, the legislature intended to exclude all other vehicles from the operation of the Act, and, therefore, only statutory revision by the legislature could effect the result which the plaintiff proposes. To the extent this holding may conflict with our prior decision in Century Insurance Company of New York v. Fillmore, Fla.App.1974, 306 So. 2d 548, opinion filed December 10, 1974, we recede from that decision.
Therefore, for the reasons stated and upon the authorities cited, the summary final judgment herein appealed is affirmed.
Affirmed.
. In Negron, the plaintiff, driving a United States postal service tractor trailer, was involved in an accident with a private passenger vehicle and was allowed to collect P.I.P. benefits under the policy on his personal car.
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Heredia v. Allstate Ins. Co., 358 So. 2d 1353 (Fla. 1978)…7.732(1), Fla.Stat. (1975). . Heredia v. Allstate Ins. Co., 346 So. 2d 1230 (Fla. 3d DCA 1977). To the same effect are Saborit v. Deliford, 312 So. 2d 795 (Fla. 3d DCA 1975), cert. denied, 327 So. 2d 32 (Fla.1976); and Camacho v. Allstate Ins. Co., 310 So. 2d 330 (Fla. 3d DCA 1975). . Art. V, § 3(b)(3), Fla.Const. . Allstate put the word “owner” in its policy in order to effect what it perceived to be the legislative intent. Its refusal to pay is based on the policy term, which Heredia says cannot be subst…
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Lumbermens Mut. Cas. Co. v. Ercole Castagna, 368 So. 2d 348 (Fla. 1979)…tual Automobile Insurance [*350] Co. v. Butler, 340 So. 2d 1185 (Fla. 4th DCA 1976); Negron v. Travelers Insurance Co., 282 So. 2d 28 (Fla. 3d DCA 1973), but not if the collision is with another commercial vehicle. Camacho v. Allstate Insurance Co., 310 So. 2d 330 (Fla. 3d DCA 1975). The appellant, Lumbermens, contends that this case falls under the no-recovery rule of Camacho because the collision involved only commercial vehicles. The fact that one of the commercial vehicles had come into physical contact…
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Saborit v. Worthy Deliford, 312 So. 2d 795 (Fla. 3d DCA 1975)…endant owner, such party is entitled to maintain a personal injury action against the owner and/or authorized driver thereof without regard to whether his injuries included some permanent injury. Camacho v. Allstate Insurance Company, Fla.App. 1975, 310 So. 2d 330. Judgment reversed, and cause remanded for new trial. . In exercising a peremptory challenge it is not for. necessary to state any cause or reason there-…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Negron v. The Travelers Ins. Co., 282 So. 2d 28 (Fla. 3d DCA 1973)
- Century Ins. Co. OF NEW York v. Fillmore, 306 So. 2d 548 (Fla. 3d DCA 1974)