Charter Oak Fire Ins. Co. v. Regalado
| Decision Date | 16 November 1976 |
| Docket Number | No. 75--1533,75--1533 |
| Citation | 339 So.2d 277 |
| Parties | CHARTER OAK FIRE INSURANCE COMPANY, a Foreign Corporation, Appellant, v. Benito REGALADO, Appellee. |
| Court | Florida District Court of Appeals |
High, Stack, Davis & Lazenby and Alan R. Dakan, Miami, for appellant.
Horton, Perse & Ginsberg, Ratiner & Glinn, Miami, for appellee.
Before PEARSON, HENDRY and NATHAN, JJ.
The appellant is the Charter Oak Fire Insurance Company and is the appellee's automobile insurance carrier. The action arose out of a dispute between the appellee, Benito Regalado, who is the insured, and the insurance company concerning the company's liability for the payment of personal injury protection benefits. The insured brought an action for recovery of losses claimed due under that provision of his policy. The company responded and claimed that it was not liable for any personal injury protection benefits because the insured was receiving paymens of workmen's compensation benefits. The position of the company at that time was that it was not liable for any payment until workmen's compensation benefits had been exhausted and then only if the workmen's compensation payments received for medical benefits were less in amount than the amount payable under the personal injury protection provision of the Automobile Reparations Reform Act, Florida Statutes, § 627.736. The trial court, after extensive discovery, entered a summary final judgment and held as follows:
The thrust of the insurance company's contention in its brief is that an insurer is not required to pay personal injury protection benefits before the insured exhausts workmen's compensation benefits to which he is entitled. However, upon oral argument, appellant did not argue in support of the point as stated, but conceded that the insured did not have to exhaust all workmen's compensation prior to receiving personal injury protection benefits. He urged, instead, that in regard to all medical expenses, the intent of the personal injury protection provision of the statutes was that workmen's compensation payments should be held to cover all medical expenses where applicable and that the insured should be held to a recovery of medical expenses at the rate, and according to the schedule, set out in the workmen's compensation statute.
Appellant bases his argument upon Section 627.736(4), Florida Statutes, which reads as follows:
'BENEFITS; WHEN DUE.--Benefits due from an insurer under §§ 627.730--627.741 shall be primary, except that benefits received under any workmen's compensation law shall be credited against the benefits provided by subsection (1) and be due and...
To continue reading
Request your trial
-
Kovarnik v. Royal Globe Ins. Co.
...a prerequisite to receiving P.I.P. benefits. Fine v. Travelers Ins. Co., 342 So.2d 848 (Fla. 3d DCA 1977); Charter Oak Fire Ins. Co. v. Regalado, 339 So.2d 277 (Fla. 3d DCA 1976). Therefore the defendant's initial response to plaintiff's claim for P.I.P. benefits, if it could be reasonably ......
-
Vega v. Travelers Indem. Co.
...v. State Farm Fire & Casualty Co., 489 So.2d 147 (Fla. 4th DCA), rev. denied, 496 So.2d 143 (Fla.1986); Charter Oak Fire Ins. Co. v. Regalado, 339 So.2d 277 (Fla. 3d DCA 1976). While the credibility of an expert witness and the weight of his testimony are for the jury to determine, Fay v. M......
-
Alava By and Through Alava v. Allstate Ins. Co., 85-2818
...living elsewhere." Like the Automobile Reparations Reform Act, which broadens insurance coverage, see Charter Oak Fire Insurance Co. v. Regalado, 339 So.2d 277 (Fla. 3d DCA 1976), recent case law, liberally construing "resident of your household" clauses, acknowledges and approves of a vari......
-
Sun Bank/South Florida, N.A. v. Baker
...to consider the explicit language of section 440.13(3), Florida Statutes (1987). Moreover, it relied on Charter Oak Fire Insurance Co. v. Regalado, 339 So.2d 277 (Fla. 3d DCA 1976), which was decided before the enactment of the limiting language similar to sections 440.13(4)(a) and (f) and ......