Apodaca v. Old Security Insurance

District Court of Appeal of Florida

Apodaca v. Old Security Insurance

389 So. 2d 320, 1980 Fla. App. LEXIS 17855

CourtDistrict Court of Appeal of Florida

DecidedOctober 21, 1980

DocketNo. 80-103

StatusPublished

This text of 389 So. 2d 320 (Apodaca v. Old Security Insurance) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Apodaca v. Old Security Insurance, 389 So. 2d 320, 1980 Fla. App. LEXIS 17855 (Fla. Ct. App. 1980).

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Opinion

PER CURIAM.

The final order under review is reversed and the cause remanded to the trial court with directions to order a new hearing on the appellant’s motion for equitable distribution of personal injury protection benefits upon a holding that the appellee no-fault carrier, contrary to the trial court’s implicit ruling below, has no right to equitable distribution of personal injury protection benefits under Section 627.736(3), Florida Statutes (1974) [since repealed but applicable to the subject accident herein], based in whole or in part on the appellant no-fault insured’s uninsured/underinsured motorist recovery arising from the same accident in which personal injury protection benefits were recovered. Protective National Insurance Co. of Omaha v. Roberts, 287 So.2d 362 (Fla. 3d DCA 1973). Upon remand, the trial court shall consider the no-fault insured’s recovery from the tort-feasor and his insurer in the subject accident in calculating the no-fault carrier’s entitlement to equitable distribution under Section 627.736(3), Florida Statutes (1974)-but not the no-fault insured’s uninsured/underinsured motorist recovery herein-based on the guidelines established in Williams v. Gateway Insurance Co., 331 So.2d 301 (Fla.1976).

Reversed and remanded.

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PER CURIAM.

The final order under review is reversed and the cause remanded to the trial court with directions to order a new hearing on the appellant’s motion for equitable distribution of personal injury protection benefits upon a holding that the appellee no-fault carrier, contrary to the trial court’s implicit ruling below, has no right to equitable distribution of personal injury protection benefits under Section 627.736(3), Florida Statutes (1974) [since repealed but applicable to the subject accident herein], based in whole or in part on the appellant no-fault insured’s uninsured/underinsured motorist recovery arising from the same accident in which personal injury protection benefits were recovered. Protective National Insurance Co. of Omaha v. Roberts, 287 So.2d 362 (Fla. 3d DCA 1973). Upon remand, the trial court shall consider the no-fault insured’s recovery from the tort-feasor and his insurer in the subject accident in calculating the no-fault carrier’s entitlement to equitable distribution under Section 627.736(3), Florida Statutes (1974)-but not the no-fault insured’s uninsured/underinsured motorist recovery herein-based on the guidelines established in Williams v. Gateway Insurance Co., 331 So.2d 301 (Fla.1976).

Reversed and remanded.

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Bluebook (online)

389 So. 2d 320, 1980 Fla. App. LEXIS 17855, Counsel Stack Legal Research, https://law.counselstack.com/opinion/apodaca-v-old-security-insurance-fladistctapp-1980.

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