Lopez v. Fidelity & Casualty Co.

NESBITT, Judge.

This is the second appearance of this case before this court. In Ochoa v. Lopez, 358 So.2d 1173 (Fla. 3d DCA 1978), a directed verdict in favor of Lopez was reversed with directions to try the narrow issue of whether the vehicle owned by him and insured under the policy was required to be registered in Florida.

Following remand, Lopez filed an amended complaint to join the appellee, Fidelity & Casualty Company of New York (Fidelity), in order to seek, in the alternative, personal injury protection (PIP) benefits as a relative under a policy issued to his step-father, Waldo I.…