Direct General Ins. Co. v. Vreeman

Summary

The Florida First District Court of Appeal held that Direct General Insurance Company was not required to provide personal injury protection coverage to passengers injured in an Enterprise rental vehicle. The policy did not cover the injured parties or the rental vehicle, and the rental agreement’s coverage-shifting language could not create coverage where none existed under the policy.

Holdings

1. The Leandrys were not entitled to PIP coverage under the policy provision covering the named insured or a relative of the named insured while occupying any motor vehicle because they were neither named insureds nor relatives of a named insured.
2. The Enterprise rental vehicle was not an insured motor vehicle under Direct General's policy because it was owned by Enterprise, was not listed on the policy, and no premium had been charged for it.
3. The rental car agreement could not create valid and collectible PIP coverage where Direct General's policy otherwise provided none, and it therefore could not shift Enterprise's PIP obligation to Direct General.

Questions Presented

1. Whether Direct General's PIP policy extended coverage to Elizabeth and Armando Leandry while they occupied an Enterprise rental vehicle.
2. Whether the primary-coverage provision in the rental car agreement, pursuant to section 627.7263, Florida Statutes, could shift Enterprise's statutory PIP obligation to Direct General when Direct General's policy did not otherwise provide valid and collectible coverage.

Disposition

reversed_and_remanded