Massagee v. MGA Insurance Co.

Steven Keith Massagee has filed a motion seeking rehearing of our order denying his certiorari petition. We deny the motion for rehearing, but withdraw our previous order and substitute this opinion in its place.

Massagee filed a complaint in county court against MGA Insurance Company seeking a declaratory judgment pursuant to Chapter 86 of the Florida Statutes. Specifically, he sought a declaration regarding the availability of PIP1 coverage for losses allegedly incurred by him. The county court entered a summary judgment in Massagee’s favor, finding that PIP coverage was available for his…