LONG ISLAND INSURANCE CO., APPELLANT,
v.
ROBERT FRANK, APPELLEE
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Long Island Insurance Co. appeals a judgment awarding personal injury protection (PIP) benefits to its insured for medical expenses of his minor son injured while operating a motorcycle that collided with a motor vehicle. The court reverses, holding that PIP benefits are unavailable under Florida's No Fault Act because the injured child was an occupant of a motorcycle, which falls outside the statutory coverage provisions.
The insurer is not required to pay PIP benefits. Under Florida Statute Section 627.736(4)(d), PIP benefits for household relatives are available only when the relative is either occupying a motor vehicle or sustaining injury from physical contact with a motor vehicle while not an occupant of a motor vehicle or motorcycle. Because the injured child was an occupant of a motorcycle, neither condition is satisfied.
[1] Personal injury protection (PIP) benefits may be recovered for accidental bodily injury sustained by a relative of the motor vehicle owner residing in the same household,…
[2] An insurer must pay PIP benefits for accidental bodily injury sustained by the owner while occupying a motor vehicle, or while not an occupant of a motor vehicle or motor…
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Join FLexlaw to unlock all legal intelligence“the insurer of a motor vehicle shall pay PIP benefits for: 'Accidental bodily injury sustained by a relative of the owner residing in the same household, under the 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'”
States the statutory requirement for household relatives to qualify for PIP benefits
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceRobert Frank's minor son, a member of Frank's household, was injured while operating a motorcycle that collided with a motor vehicle not owned by Fran…
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NATHAN, Judge.
Defendant, Long Island Insurance Co., appeals from an adverse final judgment in favor of its insured, Robert Frank, the plaintiff in the trial court.
The pristine question here involved is whether or not plaintiff may recover personal injury protection (PIP) medical benefits from his own No Fault [Florida Automobile Reparations Reform Act] carrier as a result of injuries to his minor son while a member of plaintiff’s household and when such injuries were sustained while operating a motorcycle which collided with another motor vehicle not owned by the plaintiff. Section 627.736(4) (d) (3), Fla.Stat., provides that the insurer of a motor vehicle shall pay PIP benefits for:
“Accidental bodily injury sustained by a relative of the owner residing in the same household, under the 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 §§ 627.-730-627.741.”
Turning to subsection (1) of Section 627.736(4) (d), Fla.Stat., it states that the insurer of a motor vehicle shall pay PIP benefits for:
“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.”
In reading the above provisions of the statute together, the plaintiff insured cannot, on a derivative action, recover PIP benefits for medical expenses paid on behalf of his minor child under the insurance policy unless one of two situations exist. First, the child must be occupying a motor vehicle or second he must be in a situation where he was not an occupant of a motor vehicle or-a motorcycle. Clearly the child was not occupying a motor vehicle but was the occupant of a motorcycle.
Plaintiff relies on the rationale of Negron v. Travelers Insurance Company, Fla.App.1973, 282 So. 2d 28; however, this case is readily distinguishable for the reason that in Negron, the claimant for PIP benefits was neither an occupant of a motor vehicle within the meaning of the Florida Automobile Reparations Reform Act, nor was he an occupant of a motorcycle.
The defendant herein has argued that the record reflects that the motorcycle being operated by the child collided with a vehicle and does not specifically allege nor does any evidence reflect that the collision was with a motor vehicle. This fact, however, was conceded at oral argument. For the purposes of this appeal, we are considering that the collision was between the motorcycle and a motor vehicle. Compare Morse v. State Farm, Fla.App.1976, 328 So. 2d 542, opinion filed March 2, 1976.
Accordingly, the judgment is reversed and this cause is remanded to the trial court for proceedings consistent herewith.
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Citator
Authorities Cited
- Negron v. The Travelers Ins. Co., 282 So. 2d 28 (Fla. 3d DCA 1973)
- Morse v. State Farm Mut. Auto. Ins. Co., 328 So. 2d 542 (Fla. 3d DCA 1976)