Comeau v. Safeco Insurance Co. of America

MILLS, Judge.

By this appeal, we are called upon to construe a part of the Florida Automobile Reparations Act, subsection (4) of Section 627.736, Florida Statutes (1975), which provides that personal injury protection benefits shall be primary, “except that benefits received under any workmen’s compensation law shall be credited against the benefits provided by subsection (1)”. Subsection (1) limits the benefits to $5,000.00.

Comeau contends that subsection (4) requires a personal injury protection insurer to supplement workmen’s compensation benefits until the insurer has paid its limits of…