INDUSTRIAL FIRE & CASUALTY INSURANCE COMPANY, APPELLANT,
v.
IRVANA AUGUSTIN, APPELLEE
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PER CURIAM.
Irvana Augustin was injured while riding as a passenger in an automobile owned by one Laure and which was insured by Industrial Fire & Casualty Insurance Company.
Being the owner of an uninsured motor vehicle at the time of the accident, Augus-tin has no right to recover PIP benefits from Industrial. Protective National Insurance Company of Omaha v. Bergouignan, 335 So. 2d 871 (Fla. 3d DCA 1976); Staley v. Florida Farm Bureau Mutual Insurance Company, 328 So. 2d 241 (Fla. 1st DCA 1976); Section 627.736(4)(d)(4), Florida Statutes (1979).
Therefore, the final summary judgment rendered in favor of Augustin is reversed, as well as the order awarding attorney’s fees, with directions to the trial judge to enter a final summary judgment in favor of Industrial.
Reversed and remanded, with directions.
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Epperson v. Dixie Ins. Co., 461 So. 2d 172 (Fla. 1st DCA 1984)…omobile insured under the Florida No-Fault Insurance Law is barred from recovering PIP benefits if he or she is the owner of an uninsured motor vehicle required to be insured by the no-fault law. Industrial Fire & Casualty Insurance Co. v. Augustin, 412 So. 2d 418 (Fla. 3d DCA 1982); Tapscott v. State Farm Mutual Automobile Insurance Co., 330 So. 2d 475 (Fla. 1st DCA 1976); Staley v. Florida Farm Bureau Mutual Insurance Co., 328 So. 2d 241 (Fla. 1st DCA 1976). Section 627.733(2) reads as follows: Every nonr…
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Authorities Cited
- Odell Staley v. Fla. Farm Bureau Mut. Ins. Co., 328 So. 2d 241 (Fla. 1st DCA 1976)
- Protective Nat'l Ins. Co. of Omaha v. Bienvenido Bergouignan and Marta Bergouignan, 335 So. 2d 871 (Fla. 3d DCA 1976)