Echevarria v. State Farm Mutual Automobile Insurance Co.
Echevarria v. State Farm Mutual Automobile Insurance Co.
Opinion of the Court
We adhere to the holding of Johnson v. Prudential Property & Casualty Ins. Co., 365 So.2d 441 (Fla. 3d DCA 1978) that the exclusion of a non-owner of a vehicle from the personal injury protection coverage of the owner’s carrier which arises under Sec. 627.736(4)(d)4 b., Fla.Stat. (1981)
Affirmed.
. § 627.736(4)(d). The insurer of the owner of a motor vehicle shall pay personal injury protection benefits for:
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 self-propelled vehicle, 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 ss. 627.730-627.7405; or
b. Entitled to personal injury benefits from the insurer of the owner or owners of such a motor vehicle.
. And its possible implications. See also, Lumbermens Mutual Casualty Co. v. Herrera, 439 So.2d 301 (Fla. 3d DCA 1983).
Reference
- Full Case Name
- Jo Ann ECHEVARRIA v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
- Cited By
- 1 case
- Status
- Published