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Summary Judgment of No Coverage for PIP and Med Pay Benefits

Eric Tourian, of our Orlando office, obtained a summary judgment of no coverage in a PIP case involving a claim for PIP and med pay benefits by the insured’s grandson, who did not reside with the insureds and who was involved in an accident while riding as a passenger in a friend’s vehicle, which was registered in a different state (although the accident occurred in Florida). The claimant’s grandson obtained medical treatment following the accident and then attempted to claim PIP and Med Pay benefits under the insureds’ policy, on which he was listed as an additional driver. Eric sought summary judgment on behalf of the insurance company, arguing that PIP and Med Pay benefits are only available to named insureds, and not additional drivers while occupying a vehicle not listed on the policy. The trial court agreed and entered summary judgment of no coverage and no entitlement to benefits in favor of the insurance company. The insurance company will be able to seek fees and costs based on prevailing on the summary judgment and an unaccepted proposal for settlement.

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