Florida Case Law Update: Insured Not Entitled To PIP Benefits Where Date Of Accident Occurred During GAP Period And Policy In Effect Did Not Provide PIP Coverage

Posted December 21, 2009

Pesonal Injury Protection - Benefits

Insured Not Entitled To PIP Benefits Where Date Of Accident Occurred During GAP Period And Policy In Effect Did Not Provide PIP Coverage

Walsh v. GEICO General Ins. Co.,
17 Fla. L. Weekly Supp. 21a (13th Cir. Ct. November 13, 2009)
Submitted by Sarah Sorgie

GEICO issued a renewal package pertaining to coverage to its insured on November 7, 2007 to May 7, 2008. The policy very clearly advised that no PIP coverage was included. On December 10, 2007, during "the gap," Plaintiff was involved in a motor vehicle accident resulting in injuries. She applied for PIP benefits with her insurer. The Thirteenth Judicial Circuit determined that because the policy did not provide PIP benefits at the time of the accident, Plaintiff was not entitled to said benefits.

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