Donovan v. State Farm Fire and Cas. Co.
| Decision Date | 13 February 1991 |
| Docket Number | No. 90-01711,90-01711 |
| Citation | 16 Fla. L. Weekly 493,574 So.2d 285 |
| Parties | 16 Fla. L. Weekly 493 James F. DONOVAN, Jr., Appellant, v. STATE FARM FIRE AND CASUALTY COMPANY, a foreign corporation, Appellee. |
| Court | Florida District Court of Appeals |
Daniel C. Kasaris of Yanchuck, Thompson, Young & Berman, P.A., St. Petersburg, for appellant.
H. Shelton Philips of Kaleel & Kaleel, P.A., for appellee.
Donovan appeals from the dismissal of his complaint, with prejudice, in an action to recover personal injury protection benefits. We reverse.
Donovan was injured in a motor vehicle accident on November 18, 1983. He was insured for personal injury protection (PIP) and medical payments benefits by State Farm Fire and Casualty Company (State Farm). Pursuant to those coverages, State Farm paid a number of Donovan's medical bills. By a letter dated November 17, 1986, State Farm declined to make further payments. On October 20, 1989, Donovan instituted this action for declaratory relief seeking a determination of his rights and State Farm's obligations regarding various unpaid medical expenses resulting from the 1983 accident. State Farm moved to dismiss asserting that the statute of limitation had expired five years from the date of the accident and that the claim was barred. The trial court granted the motion, with prejudice, and this timely appeal followed.
In arriving at its determination, the trial court relied on the holding of this court in Fladd v. Fortune Insurance Co., 530 So.2d 388 (Fla. 2d DCA), rev. denied, 539 So.2d 475 (Fla.1988). Fladd was injured in a motor vehicle accident on March 28, 1981. She presented Fortune with a completed application for PIP benefits. Nothing further occurred, and on May 29, 1986, five years and sixty-two days after the accident, Fladd brought a declaratory relief action against Fortune seeking a determination on her PIP claim. Applying the five-year statute of limitations applicable to actions brought on a written contract, § 95.11(2)(b), Fla.Stat. (1981), the trial court ruled that the statute began to run on the date of the accident and dismissed Fladd's complaint with prejudice. This court agreed and affirmed. In so doing, however, we observed by way of a footnote:
We note in the overwhelming majority of cases wherein PIP benefits are due, those claims are voluntarily accepted and paid to injured persons without any resort to or any form of litigation. This opinion does not address those instances where the insurance carriers accept and voluntarily pay PIP benefits to the injured parties entitled to same. On the facts of this case, we are not called upon to decide the effect upon the running of the statute of limitations wherein a carrier voluntarily pays PIP benefits to the end of the limitations period and then declines further benefits, claiming no further responsibility inasmuch as the statute has run and no...
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