Apodaca v. Old Security Insurance

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equitable distribution of personal injury protection benefits under Section 627.736(3), Florida Statutes (1974) [since repealed but applicable to the subject accident herein], based in whole or in part on the appellant no-fault insured’s uninsured/underinsured…