Atlanta Casualty Co. v. Yadevia

LEHAN, Judge.

Defendant Atlanta Casualty Company, the PIP insurer for plaintiff Marybeth Yadevia who was injured in an automobile accident by a third party tortfeasor, appeals from the summary judgment determining that Yadevia is entitled to PIP benefits for medical expenses notwithstanding the payment of those expenses by Yade-via’s employer’s worker’s compensation carrier.

On the authority of Fortune Ins. Co. v. McGhee, 571 So.2d 546 (Fla. 2d DCA 1990), we reverse. Under the circumstances of this case which are similar to those in McGhee, plaintiff is entitled to PIP benefits only to the…