Florida/Georgia Personal Injury & Workers Compensation

...the injured person in the uninsured motorist context. In Florida, a person can obtain a certificate of self-insurance to demonstrate compliance with the financial responsibility law after demonstrating "a net unencumbered worth of at least $40,000." § 324.171(a)....

...The operator or owner of any other vehicle may prove his or her financial responsibility by: (1) Furnishing satisfactory evidence of holding a motor vehicle liability policy as defined in ss. 324.021(8) and 324.151; [or] . . . . (4) Furnishing a certificate of self-insurance issued by the department in accordance with s. 324.171....

...The City chose to be self-insured and maintains coverage through its Risk Management Department. Thus, under section 768.28(13), the City qualifies as a self-insurer against tort liability. Gabriel argues that the City's failure to obtain the certificate described in sections 324.031 and 324.171, Florida Statutes (1979), left it uninsured and entitles him to recover uninsured motorist benefits....

...5)(a), Florida Statutes (1995). See § 627.733(3)(b), Fla. Stat. (1995). Owners of private passenger vehicles may obtain a certificate of self-insurance from the Department of Insurance if they show a net, unencumbered worth of at least $40,000. See § 324.171, Fla....

...ecified in § 324.021(7), or "(3) Furnishing a certificate of the state treasurer showing a deposit of cash or securities in accordance with § 324.161, or "(4) Furnishing a certificate of self-insurance issued by the commissioner in accordance with § 324.171."

...motor vehicle financial responsibility law." Section 324.031 F.S. 1967 provided that an operator or owner of a vehicle may prove his financial responsibility by furnishing a certificate of self-insurance issued by the commissioner in accordance with § 324.171 F.S....

...since § 324.051 exempted municipalities from having their operator's licenses and owners' registrations suspended within thirty days following notice of an accident, the Bureau concluded *832 that municipalities are exempt from the requirements of § 324.171....

...Nothing in the statute equates exemption with a self-insurance certificate, nor does the statute define a "self-insured" as a person exempt from the statute. The City of St. Petersburg did not hold a certificate of self-insurance issued in accordance with § 324.171 F.S....

...of a surety company authorized to do business in this state, ..., (3) Furnishing a certificate of the department showing a deposit of cash or securities ..., (4) Furnishing a certificate of self-insurance issued by the department in accordance with s. 324.171. Section 324.171, Florida Statutes (1977) provides that one may self-insure only if he has unencumbered net capital of at least $40,000.

...nt while driving a vehicle owned by City Products. City Products Corporation did not own an insurance policy but was the holder of a certificate from the State Insurance Commissioner certifying that it had furnished satisfactory evidence pursuant to Section 324.171, F.S....

...an insured employee driver who was involved in an accident while driving an uninsured truck owned by his employer, City Products Corporation, which had a certificate showing that it complied with the Florida Financial Responsibility Law, Fla. Stat. § 324.171, F.S.A., but had not obtained any kind of liability insurance covering the truck....

...ured and against a self-insurer upon the rendition of a judgment or decree in the insured's favor, concerning an issue of coverage. We believe that in accordance with Section 627.733(3)(b), Florida Statutes (1975), a self-insurer who qualifies under Section 324.171, Florida Statutes (1975), is subject to all the rights and obligations of *636 an insurer under the "Florida Automobile Reparations Reform Act," Sections 627.730-627.741, Florida Statutes (1975)....

...ompany. Gary Cochrane, operator of the winch truck, had an automobile insurance policy with State Farm which refused to acknowledge liability upon a claim being filed against it by Loretta Wallace. The winch truck was self-insured by FPL pursuant to § 324.171, *817 Fla....

...yne affords the primary coverage and is not entitled to indemnity; and that the South Carolina policy provides excess coverage. Reversed and remanded. NOTES [1] Biscayne had qualified as a self-insurer under the Florida Financial Responsibility Act, Section 324.171, Florida Statutes (1977)....

...ess of the coverages available under the terms of the Agreement. (Emphasis added). Budget is a self-insurer and provides liability coverage for its renters in the amount of $10,000, in accordance with the contract. To qualify as a self-insurer under section 324.171, Florida Statutes (1989), Budget was required to obtain a certificate of self-insurance from the Department of Highway Safety & Motor Vehicles....

...[2] We also approve the circuit court's determination that the Authority was not a self-insurer. In so holding the circuit court again followed Johns, in which we declined to decide the validity of the self-insurer exclusion because the tortfeasor had not obtained a certificate of self-insurance in accordance with section 324.171....

...The City chose to be self-insured and maintains coverage through its Risk Management Department. Thus, under section 768.28(13), the City qualifies as a self-insurer against tort liability. Gabriel argues that the City's failure to obtain the certificate described in sections 324.031 and 324.171, Florida Statutes (1979), [3] left it uninsured and entitles him to recover uninsured motorist benefits....

...amount specified in s. 324.021(7), or (3) Furnishing a certificate of the department showing a deposit of cash or securities in accordance with s. 324.161, or (4) Furnishing a certificate of self-insurance issued by the department in accordance with s. 324.171....

...management programs, or to purchase liability insurance for whatever coverage they may choose, or to have any combination thereof, in anticipation of any claim, judgment, and claims bill which they may be liable to pay pursuant to this section. [3] Section 324.171 Florida Statutes (1979), provides: Self-insurer — Any person may qualify as a self-insurer by obtaining a certificate of self-insurance from the department which may, in its discretion, upon application of such a person, issue said c...

...self-insured, regardless of a $75,000 "deductible." In addition, appellant emphasized the City's lack of a certificate of self-insurance and absence of proof that the city maintained sufficient net worth to qualify as a self-insurer, as required by section 324.171, Florida Statutes (1995)....

...The city did not have liability insurance but had a Self-Insurance Program with coverage through its Risk Management Department. The stipulated record in that case showed that the city was financially responsible. However, the city did not have a certificate of self-insurance pursuant to section 324.171, Florida Statutes....

...[2] Section 768.28(15)(a) authorizes the city to be self-insured, providing, in pertinent part: the state and its agencies and subdivisions are authorized to be self-insured ... in anticipation of any claim, judgment, and claims bill which they may be liable to pay pursuant to this section. Self-insurer is defined in section 324.171, Florida Statutes (1995), which provides: (1) Any person may qualify as a self-insurer by obtaining a certificate of self-insurance from the department which may, in its discretion and upon application of such a person, issue said cer...

...he amount specified in s. 324.021(7); (3) Furnishing a certificate of the department showing a deposit of cash or securities in accordance with s. 324.161; or (4) Furnishing a certificate of self-insurance issued by the department in accordance with s. 324.171.

...ot encompass a duty on the part of the lessee's insurance carrier to defend the lessor. RJT at 145 ("section 627.7263 does not require lessees to provide a defense to lessors after agreeing to assume responsibility for ‘primary coverage’ ”). . Section 324.171, Florida Statutes, governs eligibility of a lessor such as Alamo to qualify as a self-insurer.

...is admittedly a sore spot in the law. In fact, appellants admit in their brief that, but for appellee's status, the facts of Kohly, supra, would be identical to the instant case and would control. We cannot, however, accept appellants' distinction. Section 324.171, Florida Statutes (1975), allows those who can financially qualify to become a self-insured....

certificate of self-insurance in accordance with § 324.171 or to any person operating a motor vehicle for'