Collins v. Florida Insurance Guaranty Ass'n

LEHAN, Acting Chief Judge.

We agree with the trial court’s ruling, entered in response to defendant’s motion for summary judgment, that no PIP insurance proceeds were owed to plaintiff under a policy containing an $8,000 deductible because it was uncontroverted that plaintiff’s damages did not exceed $8,000. However, as we will explain, plaintiff should be given the opportunity to amend.

Plaintiff, citing Fortune Insurance Co. v. Sims, 464 So.2d 251 (Fla. 4th DCA 1985), argues that no deductible was applicable because the insurance company had failed to ascertain whether plaintiff had…