September 1, 1998
Jane Rollins, et al., vs Michael Pizzarelli, et al.
Case Number(s):
92080
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Summary:

Florida's no-fault motor vehicle insurance law includes a provision saying that owners, operators, and occupants of motor vehicles are exempt from suit to the extent that personal injury protection (PIP) insurance benefits are "paid or payable" to an injured person. This means that PIP benefits must be deducted in any successful lawsuit arising from a vehicle accident. In the injury case here, the Fourth District Court said that only expenses actually paid or that are being processed for payment should be deducted. The Fifth District Court in another case held that the deduction also should include potential future payments. The Court accepted jurisdiction to resolve this conflict.