OVERVIEW: The insured was injured while traveling in Mississippi. She was the co-owner of the vehicle in which she was riding. The driver of the car who caused the accident was insured by the same company as the insured. The insurer denied her claim for personal injury protection (PIP) benefits. Eventually, the insurer reversed its decision, and benefits were awarded. Thereafter, the insured filed an action against the insurer. She settled with the person who cased the accident for the policy limits of $50,000. Judgment was partially entered for the insured, and this appeal followed. In affirming, the appellate court held that the trial court erred by granting the insurer's motion for a directed verdict based on the insured's failure to comply with Fla. Stat. § 624.155 (1999). The insured's causes of action were not limited to those allowed under § 624.155. However, the directed verdict on the tort claim was proper on other grounds. The insurer's conduct did not rise to the level of that required for an award of punitive damages since the delay was based on the unique circumstances of the case. Finally, the insurer did not waive its right to set off, but only the right to subrogation. filing file for bankruptcy chapter 7 bankruptcy on bankruptcy loans house bankruptcy laws when does bankruptcy eliminate student loans
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