Auto Insurance Claims: Double Dipping in FL, subro, comp claim


Question
Our insured driver was rear-ended. He was in the course and scope of his employment and filed a W/Comp claim.  He was treated and release same day or $500 in meds.  The employee filed a PIP claim with own PAP carrier to the tune of $12K. The carrier is now seeking reimbursement under FL Statute 647.7405.  I believe his only exclusive remedy is W/Comp. Do we owe the PIP Subro?

Answer
JoAnne,

Unfortunately, I am not specifically familliar with w/c vs PIP coverage in FL. This is one of those questions that only comes up once in a while. I think you would be better served to ask this question of your in-house counsel, as it will require a legal opinion.

I hope this helps
Richard Hixenbaugh