445 So. 2d 1049 | Fla. Dist. Ct. App. | 1984
Appellant, Jimmy R. Velez, seeks reversal of the final summary judgment entered for appellee. That judgment denied appellant personal injury protection (PIP) benefits under his motor vehicle insurance policy issued by appellee. We affirm.
At the time of the accident on April 28, 1982, appellant was riding his moped, a two-wheeled vehicle with a maximum rating of 1.5 brake horsepower. The automobile, which was his insured vehicle under his policy with appellee, was not involved in the accident.
After appellant filed his complaint seeking PIP benefits from appellee, appellee answered and both parties filed motions for summary judgment. The sole issue for consideration by the trial court, and for us here, is whether an insurer must pay PIP benefits to its insured under a motor vehicle insurance policy who suffers accidental bodily injury while riding a moped. The answer to that question is governed by the Florida Reparations Reform Act, and specifically by the interpretation of section 627.736(4)(d)l, Florida Statutes (1981).
The precise question presented to us here has been addressed in State Farm Mutual Automobile Insurance Company v. Link, 416 So.2d 875 (Fla. 5th DCA 1982). Section 627.736(4)(d)l requires the insurer of an owner of a motor vehicle to pay PIP benefits to such an insured for accidental injuries received “while occupying a motor vehicle, or while not an occupant of a self-propelled vehicle if the injury is caused by physical contact with a motor vehicle.” In order for appellant to receive PIP benefits, it must be determined that the moped he was riding was not “a self-propelled vehicle.” The court in Link made such a determination, reading into section 627.-736(4)(d)l, following the phrase “while not an occupant of a self-propelled vehicle,” the exception that was contained in section
We therefore affirm.
. That phrase was deleted by chapter 82-243, Laws of Florida (1982).
. Section 627.736(4)(d)l originally provided that an insured was entitled to PIP benefits if he were "not an occupant of a motor vehicle or motorcycle....” However, this was amended to its present language by chapter 77-268, Laws of Florida (1977).