The firm recently obtained a ruling on a matter without precedence when the Second District Court of Appeal, after oral argument, agreed with Ramey & Kampf, P.A.’s managing partner, David Kampf, whom also successfully argued for our client at the trial level, that the insurer was entitled to a commercial right of reimbursement under Florida No-law including recovery from a governmental entity. The Agency argued that sovereign immunity precluded suit since a PIP action is not an action in tort; and the government may only be sued based on a tort action. However, the Second District agreed sovereign immunity was waived by the legislature per the language in F.S. 627.732(3), in conjunction with Florida Statute § 627.7405.
The Court determined that the legislature specifically excluded motor vehicles used for public school transportation from the definition of what is not a commercial moto vehicle. Thus, the legislature expressly included certain government vehicles as being commercial motor vehicles under the No-fault statute which means the statute unequivocally waived sovereign immunity. The Court determined the Lee County School Board was responsible to reimburse our client notwithstanding exclusions under their policy with Safety National. The Second District agreed with Mr. Kampf that the statute does not limit the obligation to pay to a no-fault insurer. Any type insurer of the vehicle is required to extend reimbursement to the PIP insurer. Further, the Court found the insurer, Safety National, and the Board are not liable to reimburse based on the specific terms of the policy, but is liable based on the statute. Thus, policy exclusions may not apply.
Mr. Kampf’s knowledge and legal expertise were crucial in obtaining a favorable ruling for our client on a novel area of law.