627.7405
Insurers’ right of reimbursement.
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627.7405 Insurers’ right of reimbursement.—
(1) Notwithstanding ss. 627.730-627.7405, an insurer providing personal injury protection benefits on a private passenger motor vehicle shall have, to the extent of any personal injury protection benefits paid to any person as a benefit arising out of such private passenger motor vehicle insurance, a right of reimbursement against the owner or the insurer of the owner of a commercial motor vehicle, if the benefits paid result from such person having been an occupant of the commercial motor vehicle or having been struck by the commercial motor vehicle while not an occupant of any self-propelled vehicle.
History.—s. 7, ch. 78-374; s. 2, ch. 81-318; ss. 558, 563, ch. 82-243; s. 19, ch. 2003-411; s. 18, ch. 2007-324; s. 18, ch. 2012-151; s. 12, ch. 2012-197.
1Note.—As created by s. 12, ch. 2012-197. For a description of multiple acts in the same session affecting a statutory provision, see preface to the Florida Statutes, “Statutory Construction.” Subsection (2) was also created by s. 18, ch. 2012-151, and that version reads:
(2) For purposes of this section, no owner or registrant identified in s. 627.733(1)(b) shall be liable for right of reimbursement.
Notes of Decisions
Cited in 12
cases (4 in the last 5 years), 1984–2024 · leading case: Amerisure Ins. Co. v. State Farm
Amerisure Ins. Co. v. State Farm (2005)
“FACTS [1] Kelly Edman and her children were injured in an automobile accident while Edman was driving a commercial motor vehicle owned by Wright Construction Corporation and insured by Amerisure.”
Amer. Freight Sys. v. Fla. Farm Bur. Cas. Ins. (1984)
“11, Florida Statutes (1983), prohibit the reimbursement of personal injury protection benefits pursuant to section 627.7405, Florida Statutes (1983), from an employer who has paid out full workmen's compensation benefits.”
American Ins. Co. v. STATE FARM MUTUAL AUTOMOBILE INS. CO. (2004)
“Amerisure Insurance Company appeals a final summary judgment in favor of State Farm Mutual Automobile Insurance Company in an action in which State Farm sought reimbursement under section 627.7405, Florida Statutes (2001), for personal injury protection ("PIP") benefits it paid…”
Delta Cas. Co. v. Pinnacle Medical, Inc. (1998)
“This court rejected the argument that the statute was violative of the state and federal equal protection clauses because it discriminated against commercial vehicle owners and insurers, regardless of fault, and favored noncommercial or personal vehicle owners and insurers.”
Florida Farm Bureau Mut. Ins. v. Tropicana Prod. (1984)
“At the heart of the controversy is Section 627.7405, Florida Statutes (1981), which provides: 627.”
Dealers Ins. Co. v. Jon Hall Chevrolet Co. (1989)
“The trial court dismissed Dealers Insurance Company's action seeking reimbursement from Jon Hall Chevrolet Company under Section 627.7405, Florida Statutes (1985), for personal insurance protection (PIP) benefits Dealers paid to one of Jon Hall's employees.”
SAFETY NATIONAL CASUALTY CORPORATION v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AND LEE COUNTY SCHOOL BOARD (2019)
“Both the School Board and Safety National appeal, with the School Board arguing that State Farm's claims against it are barred by the doctrine of sovereign immunity and Safety National arguing that it is not an insurer for purposes of the reimbursement statute, section…”
School Board of Palm Beach County, The School District of Palm Beach County v. State Farm Mutual Automobile Insurance Co (2024)
“4 § 627.7405(1), Fla. Stat. (2019) (emphasis added).”
School Board of Broward County, Florida v. State Farm Mutual Auto Insurance Company (2024)
“4 § 627.7405(1), Fla. Stat. (2019) (emphasis added).”
Tucker Transportation Co. v. State Farm Mutual Automobile Insurance Co. (2004)
“Appellee State Farm Mutual Insurance Company filed an action in county court seeking reimbursement for personal injury protection (“PIP”) benefits from the Ap-pellee Tucker Transportation Company, Incorporated, under section 627.7405, Florida Statutes. A bench trial was held…”
School Board of Marion County A/K/A the Marion County School Board, D/B/A Marion County Public Schools v. State Farm Mut (2024)
“It thereafter filed suit against School Board under section 627.7405 seeking reimbursement of this sum, plus costs.”
CITY OF MIAMI v. UNITED AUTOMOBILE INSURANCE COMPANY (2021)
“See § 627.7405(1), Fla. Stat. (2021); Lee Cnty.”
— 627.7405(1) — 5 cases
SAFETY NATIONAL CASUALTY CORPORATION v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AND LEE COUNTY SCHOOL BOARD (2019)
“Both the School Board and Safety National appeal, with the School Board arguing that State Farm's claims against it are barred by the doctrine of sovereign immunity and Safety National arguing that it is not an insurer for purposes of the reimbursement statute, section…”
School Board of Palm Beach County, The School District of Palm Beach County v. State Farm Mutual Automobile Insurance Co (2024)
“4 § 627.7405(1), Fla. Stat. (2019) (emphasis added).”
School Board of Broward County, Florida v. State Farm Mutual Auto Insurance Company (2024)
“4 § 627.7405(1), Fla. Stat. (2019) (emphasis added).”
School Board of Marion County A/K/A the Marion County School Board, D/B/A Marion County Public Schools v. State Farm Mut (2024)
“It thereafter filed suit against School Board under section 627.7405 seeking reimbursement of this sum, plus costs.”
CITY OF MIAMI v. UNITED AUTOMOBILE INSURANCE COMPANY (2021)
“See § 627.7405(1), Fla. Stat. (2021); Lee Cnty.”
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