Morse v. State Farm Mutual Automobile Insurance

The plaintiff suffered a final judgment dismissing his complaint which claimed personal injury protection benefits pursuant to Fla.Stat. § 627.736. On this appeal, the single point presented urges that: “the absolute statutory denial of personal injury protection benefits to motorcycle riders deprives them of due process and equal protection of the law.” The point was not raised on the record before us. Plaintiff urges that we consider the application of the exemption set forth in Fla.Stat. § 627.-736(l)1 as fundamental error. See F.A.R. 3-7(i).

We have considered the record in the light of…