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Title: Explanation of the Florida automobile reparation reform act, commonly known as the no-fault insurance law
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Title: Explanation of the Florida automobile reparation reform act, commonly known as the no-fault insurance law
Physical Description: Book
Language: English
Creator: Troutman, Russell
Publisher: Micklers
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Table of Contents
    Front Cover
        Front Cover
    Chapter
        Page 1
        Page 2
        Page 3
        Page 4
        Page 5
        Page 6
        Page 7
        Page 8
        Page 9
        Page 10
        Page 11
        Page 12
        Page 13
        Page 14
        Page 15
        Page 16
        Page 17
        Page 18
        Page 19
        Page 20
        Page 21
        Page 22
        Page 23
        Page 24
        Page 25
        Page 26
        Page 27
        Page 28
        Page 29
        Page 30
        Page 31
        Page 32
        Page 33
        Page 34
        Page 35
        Page 36
        Page 37
        Page 38
        Page 39
        Page 40
        Page 41
        Page 42
        Page 43
        Page 44
        Page 45
        Page 46
        Page 47
        Page 48
    Back Cover
        Page 49
Full Text






AN EXPLANATION OF THE
FLORIDA AUTOMOBILE REPARATIONS
REFORM ACT


Commonly Known as the
No-Fault Insurance Law

by


Russell Troutman
427 South New York Avenue
Winter Park, Florida

The Florida No-Fault Law constitutes such a change in automobile

liability insurance that it is incumbent upon every citizen to famili-

arize himself with its provisions.

Basically, under the law, companies will pay policyholders up

to $5,000.00 for each person for the following financial losses:

1. Reasonable medical expenses, including payment for

necessary remedial treatment. Also, services are

permitted for one who relies upon spiritual means

through prayer alone for healing in accordance with

his religious beliefs.

2. 100% of loss of income and loss of earning capacity

because of disability. If federal income tax is not

to be paid on the recovery, the amount is limited to 85%.

3. Up to $1,000.00 per person for funeral expenses.

The total benefits payable under the personal injury protection

feature of the Florida No-Fault Law is $5,000.00. In other words,

there is no requirement that any portion of that $5,000.00 be spent for

any particular aspect of a person's losses, except that no more than

$1,000.00 can be used for funeral expense. Under No-Fault, the

personal injury protection is payable regardless of other insurance

with one exception. Benefits under workmen's compensation will


- 1 -







be credited against personal injury protection benefits under the Law.

Regarding property damage to the automobile, the law leaves to the

owner the responsibility of providing for property damage to his own car.

There seems to be three alternatives available to the car owner.

1. He may carry no insurance whatsoever to cover his own

automobile damage. If he does this, he has no possibility

of being reimbursed for this loss, if such damage is

caused by one who is subject to and in compliance with

the Florida No-Fault Law, unless his damage exceeds

$550.00 in which event he may bring an action against

the party at fault to the full extent of his property

damages.

2. He may purchase regular collision coverage in accordance

with previous practices. In other words, he may buy

collision coverage that pays regardless of fault for

the entire damage of his motor vehicle or for the entire

damage of his motor vehicle less $50.00, or $100.00 or

whatever deductible suits him. If he follows this

course of action, his procedure is the same as that

which a person follows who carried collision insurance

on his automobile before the No-Fault Law was enacted.

3. He may acquire a new form of coverage, created by the law,

known as, basic property protection. If basic property

protection is purchased by the car owner, then the car

owner's insurance company will pay him if the damage was

caused by the negligence of another party and if the

insured himself was not guilty of any contributory

negligence. Also, in order for an insured to recover even

if he has basic property protection, the person causing


- 2 -






the damage must be subject to and in compliance with the

Florida No-Fault Law and, the damage must not have

occurred when the insured's automobile was parked or

under any other circumstances where the person who caused

the damage was not exempt from suit, such as where the

person causing the damage was driving while under the

influence of intoxicating beverages. The intent of

the new basic property protection is to permit one to

have insurance which would give him the same rights as

he would have had before the No-Fault Law was enacted.

The No-Fault Law does not eliminate the possibility of a suit

altogether. An injured party may still bring suit against the party at

fault under the following conditions:

1. When the amount of the reasonable medical expenses

reaches $1,000.00 or more.

2. When, although the medical expenses may be less than

$1,000.00, the total expenses including loss of

income and medical bills accrue to $5,000.00 or more.

3. When the injury or condition caused by the accident

results in a permanent disability, disfigurement, or

fracture to a weight-bearing bone, a compound fracture,

a comminuted fracture, or a displaced or compressed

fracture.

Also, an insurance company may sue the party at fault for what-

ever benefits the insurance company has paid out under the No-Fault Law,

under the following circumstances:

1. The injured person himself has the right to sue the

party at fault either by reason of the $1,000.00


- 3 -







medical bill plateau having been reached or either

because the $5,000.00 total threshold has been obtained,

and if such injured person has not brought a suit

against the party at fault within one year after the

last payment of the personal injury protection benefits.

Even then, the insurance company may proceed, only

after giving thirty days written notice to the insured.

If the insurance company elects to file suit against the

party at fault for the benefits it has paid out, and the

suit is either settled or concluded without the consent

of the insured, the suit is without prejudice to the

insured, and the insured may sue also.

Under the Florida No-Fault Law, a party is not required to carry

any kind of car damage insurance. He may obtain it at his option, as

previously discussed on page 2. Likewise, under the Florida No-Fault

Law, a car owner may remain uninsured as to the first $1,000.00 personal

injury damages he incurrs. This is called a deductible. In other

words, he may contract with his insurance company in such a way that the

insurance company's responsibility will not begin until the insured has

incurred at least $1,000.00 in damages either in the form of medical

bills or loss of earnings or both. At his election, he may obtain

deductibles of $250.00 or $500.00, as well as $1,000.00. In other

words, it is not compulsory that the insurance company provide 100%

coverage for personal injury protection. However, when an insured

elects a deductible for personal injury protection, the deductible

provision can only be applicable to the named insured and/or relatives

residing in the named insured's household. In other words, the deduc-

tible cannot be applicable to other type passengers riding with the

insured in his automobile.


- 4 -







The insurance required by the Florida No-Fault Law is liability

coverage in the minimal amount of $10,000.00 for each person and

$20,000.00 for each accident or occurrence and property damage liability

insurance for at least $5,000.00 for each accident or occurrence, and

personal injury protection up to $5,000.00 for medical expenses, loss

of income and funeral expenses. In other words, liability insurance

is still required since every motorists is subject to a suit in the

event he injures someone beyond the threshold of the personal injury

protection, which while within that threshold, gives to the party at

fault immunity. However, as soon as that threshold is reached the

immunity disappears, and the party at fault can be sued.

If a person required by statute to have this insurance fails to

have it he is supposed to lose his operators' license and have his

registration revoked. Also, he is not immune from a damage suit and

suffers the same exposure as a person before No-Fault was enacted.

He is also personally liable for the payment of all benefits as an

insurer under the No-Fault Law. In other words, if a passenger is

riding with him and is injured, he is personally liable to such

passenger for whatever benefits the passenger would have been entitled

to had the motorists been covered.

The No-Fault Law does not apply to every motor vehicle. The

terms "motor vehicle" and "owner" are defined in the Act and therein

lies the criteria as to who must comply with the Florida No-Fault Law.

Section 3 of the Act contains definitions as follows:

(1) "Motor vehicle" means a sedan, station wagon or jeep

type vehicle not used as a public livery conveyance

for passengers, and includes any other four-wheel

vehicle used as a utility automobile and a pickup or


- 5 -







panel truck which is not used primarily in the occupa-

tion, profession or business of the insured.

The Department of Insurance of the State of Florida has supple-

mented and amplified on the above definition as follows:

4-27.01 Definition of "motor vehicle". "Motor vehicle",

as referred to in Section 3, sub-section 1 of Chapter 71-252,

Laws of Florida, means a four wheeled, self-propelled vehicle

of a type required to be registered and licensed under Florida

Law which is not used as a public or livery conveyance, and

which is one of the following types:

a. A private passenger vehicle, such as a sedan,

station wagon or jeep type vehicle,

b. A pick-up or panel truck not used primarily in

the occupation, business or profession of the

owner,

c. A utility automobile designed for personal use,

as a camper, a motor home, a vehicle for family

recreational purposes, or a vehicle with chassis

and body similar to that of a light panel truck

but containing passenger seats rather than open

cargo space, but a utility automobile does not

include any such automobile used primarily,

1. in the occupation, professional business

of the owner, or

2. for the transportation of passengers other

than members of the insured's family and

incidental guests.

A "motor vehicle" does not include a vehicle owned by the State

of Florida, any political subdivision or municipality thereof, or the


- 6 -






Federal Government.

A "motor vehicle" described in Sub-Sections b or c of the

above definition of "motor vehicle" which has been specifically insured

for personal injury protection benefits on the representation of the

named insured that the vehicle will not be driven for more than 50%

of it's total mileage during the policy period

1. in occupation, profession or business of the insured,

or

2. for the transportation of passengers other than the

insured's family and incidental guests

shall be deemed to be a motor vehicle to which security has been

provided as required by the Act.

Accordingly, in accordance with the No-Fault Law and even under

the regulations of the Depatment of Insurance, it can be concluded

that the following are not "motor vehicles" as defined by the Act:

1. A governmentally owned vehicle.

2. Taxicabs,

3. Buses,

4. Motorcycles,

5. Commercial vehicles, such as a tractor-trailer units,

and pick-ups, panels, and other utility vehicles

used more than 50% of the time for business purposes.

The Act defines "owner" as follows:

"Owner" means a person who holds the legal title to

a motor vehicle, or in the event a motor vehicle is

the subject of a security agreement or lease with

option to purchase with the debtor or lessee having the

right to possession, then the debtor or lessee shall


- 7 -








be deemed the owner for the purposes of this Act.

The following regulation of the Insurance Department supple-

ments this provision of the law:

"4-27-02 Definition of "Owner". Section 3, sub-section 2

of Chapter 71-252, Laws of Florida, defining an "Owner to

include one with right to possession of a motor vehicle under

a lease with option to purchase, is interpreted to mean that

motor vehicle subject to daily, weekly, or other short-

term rental, regardless of whether the agreement is called a

"lease" and regardless of whether or not the agreement contains

an option to purchase, such vehicle shall be construed to be

owned by the registered owner. Lessees of motor vehicles

subject to a long-term lease for a period of six months or

more, under an agreement wherein the lessor and the

lessee mutually agree that insurance will be provided by the

lessee, are construed to be "owners" without regard to

whether or not the lease agreement contains a purchase option.

From these provisions, it can be concluded that the following

people are legally compelled to carry the Florida No-Fault Insurance

Plan:

1. Automobiles owned by Florida residents or owned by

non-residents who have children in the Florida public

schools, or who are employed in Florida. These two

type groups are required to register and license

their motor vehicles in Florida. The persons who

own a motor vehicle as defined by the Law are required

to comply. The requirement as to non-resident owners

or registrants of motor vehicles as defined in the


- 8 -







law is that they are not required to comply with the

Florida No-Fault Law until they have been present in

the State for more than 90 days of preceding

365 days. In other words, once non-resident

has remained in the State more than 90 days of the

immediately preceding 365 days, he must carry the

Florida No-Fault Insurance, or he will be in viola-

tion thereof and subject to the same penalties.

The persons who are entitled to the benefits under the personal

injury protection aspects of the Florida No-Fault Law are the named

insured, and relatives residing in the household of the insured along

with guest passengers and those driving the automobile of the insured

with permission. Also, a named insured or a residing relative is

entitled to no-fault benefits while occupying any motor vehicle as

defined in the Act and even if struck by a motor vehicle, defined in

the Act, while a pedestrian. If the accident takes place out of the

State, then the named insured and residing relatives are entitled to

benefits for injuries resulting only while occupying the insured

owner's motor vehicle. Also, if the accident occurs in Florida, and

a Florida resident pedestrian is struck by an insured owner's motor

vehicle, and such pedestrian is not an owner of a motor vehicle or in

some other way entitled to benefits from another owner, then the

insurance company of the motor vehicle that strikes the pedestrian is

obligated to pay to the pedestrian the benefits under No-Fault Insurance.

The law does permit the insurance companies to exclude personal

injury protection to people occupying motor vehicles owned by the insured

but which vehicles are not covered in the insurance policy. The insur-

ance company is also not obligated to provide coverage for persons


- 9 -







injured while operating a motor vehicle without the express or implied

consent of the insured. The insurance company is not required to afford

coverage to those who intentionally injure themselves or are injured

while committing a felony, or are convicted of driving under the influ-

ence of alcoholic drugs to the extent that their driving faculties are

impaired.

Insurance companies are entitled to receive prompt notice of an

accident, but after notice has been given, the insurance carrier is obli-

gated to furnish personal injury protection benefits within 30 days.

The loss of income payments must be made at least every two weeks.

The penalty for late payments by the insurance company is 10% simple

interest a year. The Act provides that if the insurance company has

reasonable proof to establish that it is not responsible for payment,

payments will not be considered over due. The regulation of the Depart-

ment of Insurance permits companies to.withholdpayment of personal

injury protection benefits to persons charged with driving under the

influence of intoxicating drugs, until the charge is disposed of.

The Insurance Commissioner has published a list of questions and

answers provided in the interest of the people of Florida. Some of

these questions and answers are set forth below for further edifica-

tion regarding No-Fault Insurance.

WHAT DO I AS A POLICY HOLDER DO BETWEEN JULY AND THE TIME THE
NO-FAULT LAW GOES INTO EFFECT JANUARY 1, 1972?

Current policyholders are not required to do anything. If his

policy goes beyond January 1, 1972, or is renewed prior to January

1, 1972, his company will notify him of his no-fault benefits

around the first of the year. He will automatically receive the

no-fault coverage on January 1, 1972, and premium reduction will


- 10 -







begin. The premium savings will be credited to his first renewal

after January 1, 1972, or a check may be issued depending on the

individual company's procedure. The refund will be based on the

premium reduction from January 1, 1972, through the expiration or

renewal of the policy and will amount to 15% percent of the basic

10/20/5 liability rate. Since most people carry higher liability

limits plus other coverages, it is not likely that credits will

amount to exactly 15 percent of the policy premium. Persons who

are presently uninsured will be required to purchase insurance

on their own by January 1, 1972.

WILL I AS A POLICY HOLDER HAVE TO PAY AN ADDITIONAL CHARGE FOR
THE NO-FAULT COVERAGE?

The law requires insurers to reduce existing basic liability pre-

miums by at least 15 percent. This reduction applies only to

the premiums for bodily injury and property damage liability

at "basic limits." However, because family operators and car

useage vary, classifications of risks will vary. Companies

will inform each of their policyholders, if the reduction

applies to them, and how much their reduction will be. Based

on outstanding automobile policies, rates at the end of 1972

will amount to an estimated 42 million dollar statewide reduction.

IS THERE ANY WAY I CAN SUE FOR RECOVERY OF LOSS OVER THE NO-FAULT
LIMITS?

A person covered under the law is allowed to bring suit against

another who was at fault in the accident under the following

conditions:

1. When his medical bills (reasonable) have accrued

to the amount of $1,000.00.

2. If his medical is under $1,000.00, but disability

and loss of income plus medical accrues to $5,000.00.


- 11 -







MAY I SUE FOR PAIN AND SUFFERING DUE TO AN ACCIDENT WHEN I AM NOT
AT FUALT?

Yes, when your losses have met the $1,000.00 medical threshold

as previously explained or when the injury or disease consists in

whole or in part of permanent disfigurement, a fracture to a

weight bone, a compound, comminuted, displaced or compressed frac-

ture, loss of body member, permanent injury within reasonable

medical probability, permanent loss of a bodily function, or

death.

IF I AM ENTITLED TO WORKMEN"S COMPENSATION AND AM IN AN ACCIDENT,
MAY I COLLECT FROM BOTH MY WORKMEN"S COMPENSATION AND NO-FAULT?

The Workmen's Compensation law becomes primary over no-fault cover-

age. Benefits under Workmen's Compensation shall be credited

against the benefits provided by the No-Fault Act and be due and

payable as loss accrues.

AM I COVERED SO FAR AS BEING SUED BY A PARTY IF I AM AT FAULT BUT
I AM INSURED BY HAVING NO-FAULT COVERAGE?

The new Florida No-Fault Auto Insurance will cover for both the

no-fault benefits and for liability of the policyholder when he

is subject to being sued.

HOW SOON WILL THE INCURRED EXPENSE CLAIMS BE PAID TO ME AS A
POLICYHOLDER?

Within 30 days by the policyholder's company. However, time

incurred between receiving the claim and verification will not be

counted as part of the 30 days. Once all claims are in and

verified, the 30 days begin.

WILL I HAVE TO SHOW FINANCIAL RESPONSIBILITY PROOF BEFORE OBTAIN-
ING MY DRIVER'S LICENSE, REGISTRATION OR TAG?

No. The experience of other states using this method has shown

the cost of administration to be prohibitive.

IF MY LICENSE IS SUSPENDED, WHEN CAN I GET IT BACK?
Upon compliance with the law (by obtaining insurance or other-

wise demonstrating Financial Responsibility).

12 -







UNDER WHAT CONDITIONS WILL MY DRIVER'S LICENSE, TAG AND REGISTRA-
TION BE SUSPENDED?

They can be suspended for not complying with the law. Operators

of motor vehicles, where different from owners, may have their

driver's license suspended.


IF I AM A NON-RESIDENT VACATIONING IN FLORIDA, DO I HAVE TO COMPLY
WITH THE NO-FAULT LAW?

Non-residents do not come under the No-Fault Law unless they have

been operating a vehicle that has been in the state for 90 days

within the past 365 days. Under the new law, non-residents will

be in the same position they are now; they are not tort exempt;

they can sue for damages resulting from an accident; they can

not collect personal injury protection benefits.

WHAT IS THE MINIMUM INSURANCE REQUIRED?

Basic liability of $10,000/$20,000/$5,000, plus Personal Injury

Protection (no fault benefits). The Financial Responsiblity

Division will also take into consideration the fact that the

new law has an option whereby property damage liability coverage

can be offered with deductibles of up to $500.


WHO WILL BE COVERED IN MY CAR IF I HAVE SUFFICIENTLY MET THE
FINANCIAL RESPONSIBILITY REQUIREMENTS?

Relatives residing in your household, who usually make their

home in your household, whether or not they are temporarily

living elsewhere; guest passengers and those driving your car

with your permission are covered.


IF I AM A RESIDENT OF FLORIDA AND LIVE OUT OF STATE ON VACATION,
WILL MY FINANCIAL RESPONSIBILITY COVER ME?


- 13 -








Through a reciprocal agreement, your Financial Responsibility por-

tion of the No-Fault Law will be accepted in other states.

However, the no-fault benefits apply only to you and relatives

of your household.


IF I AM ON VACATION AND THE FINANCIAL RESPONSIBILITY LAW IN THE
STATE I AM VISITING HAS A HIGHER FINANCIAL RESPONSIBILITY REQUIRE-
MENT, AND I AM INVOLVED IN AN ACCIDENT, HOW MAY I SATISFY THE LAW?

Basicially, most policy contracts contain a clause which

says that the Financial Responsibility limits of the state

in which you are driving will be met. Individual policies

may vary, however, and there may be an additional or supple-

mentary back premium to make up the difference on some poli-

cies.

IS THE 15 PERCENT REDUCTION GOING TO APPLY TO THE FINANCIAL
RESPONSIBILITY PORTION OF MY POLICY?

It will apply only to your basic Financial Responsibility

liability coverage ($10,000/$20,000/$5,000).


WHEN AM I ENTITLED TO THE REDUCTION?

The reduction will be effective January 1, 1972, unless your

company has implemented rate reductions under No-Fault prior to

January 1, of next year. The reductions will be on new or

renewal policies. Existing policies will be reduced pro rata

for the remainder of the policy period.


UNDER THE NEW LAW HOW WILL THE ASSIGNED RISK PLAN BE HANDLED?

Basically, there will be no change. The assigned Risk Plan will

continue to be available for motorists. However, in the past,

some risks have been rejected. Under the new law, this will

be changed, and those vehicles required to be insured will be


-14-







written.

IF I OWN A DEFINED VEHICLE AND AM INSURED AND HAVE AN ACCIDENT
WITH ANOTHER DEFINED VEHICLE,INSURED, HOW DO I RECOVER MY
LOSSES IF IT IS NOT MY FAULT?

You will recover all medical expenses and losses of income

directly from your company. The law provides benefits of up to

$5,000 for each person in the following categories; reasonable

expenses incurred for hospital, doctor, medical rehabilitative

services; 100% loss of income and up to $1,000 per person for

funeral expenses. If you reach the thresholds as described

previously, then you will have the right to bring suit against

the party at fault.

WHAT IF I AM AT FAULT IN THE ABOVE ACCIDENT?

You will still be entitled to your immediate recoveries of

of losses as described above. However, a suit may be brought

against you if the party you struck in the accident meets the

requirements of the threshold.

IF I HAVE AN ACCIDENT THAT IS NOT MY FAULT AND MY VEHICLE IS
COVERED UNDER NO-FAULT, HOW WILL PASSENGERS IN MY CAR RECOVER
THEIR LOSSES?

1. Any passengers in your vehicle who own a vehicle of

their own that is covered under no-fault will look to

their company for their losses.

2. If they do not own a car required to be covered under the

law, they would look to your policy for their losses.

3. If they own a car that is required to be covered but

does not have coverage, they cannot collect, and

4. If the passenger owns a car excluded from the law, they

will collect from the driver's policy.


-15-







IF MY VEHICLE IS COVERED BY NO-FAULT AND I AM IN AN ACCIDENT WITH
A VEHICLE NOT REQUIRED TO HAVE NO-FAULT, AND I AM NOT AT FAULT,
HOW DO I RECOVER?

First, you will be entitled to all of your immediate benefits

for medical and loss of income, and you will be entitled to

sue the other party. Keep in mind excluded vehicles under the

law are not suit exempt.


IF I AM INVOLVED IN AN ACCIDENT WITH AN EXCLUDED VEHICLE AND
MY VEHICLE IS COVERED, IF IT IS NOT MY FAULT, HOW DO I RECOVER?

You will collect immediate no-fault benefits from your policy and

you will be able to bring suit. If you are at fault, you will

collect all benefits, but the excluded vehicle can bring suit

for damages.


IF I LEND MY COVERED VEHICLE TO A PERSON, HOW WILL HE BE COVERED
IF HE IS INVOLVED IN AN ACCIDENT?

1. If he has a covered vehicle of his own, he would collect

from his own policy.

2. If he has a vehicle required to be insured, but does

not insure it, he is not entitled to benefits.

3. If he does not own a vehicle, he will collect under your

policy.

IF I RENT A FLORIDA DEFINED VEHICLE FROM A RENT-A-CAR COMPANY
IN FLORIDA ON A DAILY BASIS, AND AM INVOLVED IN AN ACCIDENT
WITH ANOTHER DEFINED VEHICLE IN THE STATE, HOW WOULD I RECOVER
DAMAGES?

If you are the owner of a defined vehicle covered under no-

fault, you would collect all no-fault benefits from your own

company. If you own a defined vehicle, required to be covered

under no-fault, but you do not obtain the coverage, you would

not be entitled to the benefits. If you do not own a vehicle,


-16-







you would collect benefits from the rent-a-car company policy.

IF I RENT A DEFINED VEHICLE IN THE STATE OF FLORIDA ON A
DAILY BASIS, AND AM A NON-RESIDENT, AND IF I HAVE AN ACCIDENT
IN FLORIDA, HOW DO I COLLECT DAMAGES?

If you own a vehicle that is covered under no-fault, you would

collect benefits from your own policy. If you own a vehicle

that is required to have coverage, but does not, you would not

collect benefits. If you do not own a vehicle, you would collect

under the rent-a-car policy.


WHAT VEHICLES, AS DEFINED BY THE LAW ARE EXCLUDED, FROM THE
NEW LAW?

Examples of vehicles excluded: motorscooters, motorcycles,

commercial vehicles such as dumptrucks, garbage trucks, etc.,

commercial carriers such as buses and taxis, and state, county,

federal or municipally owned vehicles. All owners of vehicles

excluded from the law remain under the same conditions as today;

settlement is handled in a court of law.


IF I AM A PASSENGER IN AN EXCLUDED VEHICLE, SAY A BUS, AND
AM STRUCK BY A DEFINED VEHICLE AND AM INJURED, HOW MAY I
RECOVER DAMAGES?

You will be in the same situation as today; all settlements will

be made in a court of law.

IF I AM A NON-RESIDENT OF FLORIDA, AND I OWN A VEHICLE AS
DEFINED UNDER THE LAW, AM I REQUIRED TO HAVE NO-FAULT INSURANCE?

Yes, if you are a non-resident owner of a defined vehicle that

is garaged in the State of Florida for more than 90 days out

of 365, you are required to obtain no-fault insurance for the

vehicle.


- 17 -






IF I, AS A NON-RESIDENT, LEND MY DEFINED VEHICLE, COVERED BY
NO-FAULT TO ANYONE, AND THAT PERSON IS INJURED IN AN ACCIDENT,
AND HE IS AT FAULT, WILL HE BE ENTITLED TO THE NO-FAULT BENEFITS?

1. If the borrower of your defined vehicle owns a defined

vehicle that is covered by no-fault, he would look to his

own company for the no-fault benefits.

2. If the borrower owns a defined vehicle but does not have

no-fault coverage on it, then he will not be eligible for

no-fault benefits under any policy and must provide them

himself. In addition, he would have his license, tags and

registration suspended.

3. If the borrower does not own a vehicle, he is entitled to

all benefits under your policy.

IF I AM A NON-RESIDENT AND AM NOT REQUIRED TO HAVE NO-FAULT
COVERAGE ON MY VEHICLE AND AM INVOLVED IN AN ACCIDENT THAT IS MY
FAULT, WHAT HAPPENS?

1. If you hit a non-defined vehicle, not required to have

no-fault, the situation is the same as today it is

settled in a court of law.

2. If you hit a defined vehicle, covered by no-fault, the

defined vehicle will collect benefits under its policy,

and suit may be brought against you.

3. Also, if you are not at fault, today's rule will apply

and settlement will be made in a court of law.


IF I AM A NON-RESIDENT WITH A VEHICLE COVERED BY NO-FAULT AND
TAKE MY CAR OUT OF STATE, DOES THE NO-FAULT COVERAGE APPLY TO
ANYONE DRIVING MY CAR?

Coverage will apply only to relatives living in your household.

No-fault coverage is not extended to any other vehicle you


- 18 -







drive out of state.


IF I AM
COVERED

1.





2.







3.









4.









5.


ON A BICYCLE OR AM A PEDESTRIAN AND AM HIT BY A VEHICLE
UNDER THE LAW, HOW DO I RECOVER MY LOSSES?

If you are a resident or a non-resident and own a

vehicle covered under the law, then you will collect from

your own policy.

If you are a resident and do not own a vehicle and are

hit by a vehicle covered under the law, then you

would collect-no-fault benefits from the vehicle

owner's policy.

If you are a non-resident who does not own a vehicle

required to have no-fault coverage and are hit by any

vehicle, regardless of coverage applicable to that

vehicle, it would be settled in the same manner as

today in court.

If you are a resident and the person that hit you does

not have no-fault coverage, but it is found he was re-

quired to have it, then he is liable to provide full

benefits to you, plus he will lose his Florida

driver's license, registration and tags.

If the vehicle that hit you was not required to have no-

fault coverage, and you, as a bicycle rider or a pedes-

trian, do not own a vehicle, it would be settled in

the same manner as today in court.


IF I DO NOT OWN A VEHICLE CAN I EVER COLLECT PERSONAL INJURY
PROTECTION?

Yes, under the following circumstances:

1. If you are injured as an operator or occupant

of a covered vehicle, or

-19-








2. If you are a resident of Florida and are struck as

pedestrian by a covered vehicle (within Florida).

IN ORDER TO PROTECT MYSELF FOR DAMAGES CAUSED TO MY VEHICLE
OR DAMAGES I CAUSE, WHAT TYPE OF COLLISION INSURANCE WILL
I NEED TO HAVE?

First, collision coverage is not a required part of the new

law. However, in order to protect yourself, this is what the

insurance department has required all companies to offer:

1. Broad form collision coverage. Basically, this

is full collision coverage most motorists have

today. It protects your vehicle for full damages

when you are not at fault in an accident with

another vehicle, and when you are at fault, it

pays actual cash damages to you above a deductible

if you choose one. (Deductibles of $50-$100-$250 will

be offered). In addition, you will have written

in your coverage a right to rent a car while yours

is being fixed.

2. Basic property protection which pays actual cash

damages to your car only when you are not at fault.

This coverage also carries the rental agreement.

IF I OWN A DEFINED VEHICLE COVERED BY NO-FAULT AND HIT A TREE,
BRIDGE OR OTHER OBJECT, WILL I BE ENTITLED TO NO-FAULT BENEFITS?

Yes. You are entitled to up to $5,000 for medical, disability

and loss of income from your own company. Property damage will

be handled as explained above. Also, the owners of the damaged

property may bring suit against you, if it is your fault, from

first dollar.

A typical endorsement to an insurance policy promulgated by


-20-







The Department of Insurance which supposedly follows the Florida Automo-

bile Reprarations Reform Act, is set forth as follows:

SECTION I

PERSONAL INJURY PROTECTION

The Company will pay, in accordance with the Florida Automobile Repara-

tions Reform Act, to or for the benefit of the injured person:

1. all reasonable medical expenses, and

2. with respect to the period of disability of the

injured person, any loss of income and earning

capacity from inability to work proximately caused

by the injury sustained by the injured person and all

expenses reasonably incurred in obtaining from others

ordinary and necessary services in lieu of those that,

but for such injury, the injured person would have

performed without income for the benefit of his

household, and

3. funeral, burial or cremation expenses, incurred as a

result of bodily injury, caused by an accident arising

out of the ownership, maintenance or use of a motor

vehicle and sustained by:

1. the named insured or any relative while occupying

a motor vehicle or, while a pedestrian, through

being struck by a motor vehicle; or

2. any other person while occupying the insured motor

vehicle or, while a pedestrian, through being struck

by the insured motor vehicle.

Exclusions

This insurance does not apply:


-21-








1. to the named insured or any relative while occupying

a motor vehicle of which the named insured is the owner

and which is not an insured motor vehicle under this

insurance; (1)

2. to any person while operating the insured motor vehicle

without the express or implied consent of the named

insured; (1)

3. to any person, if such person's conduct contributed

to his bodily injury under any of the following:

a. causing bodily injury to himself intentionally;

b. convicted of driving while under the influence

of alcohol or narcotic drugs to the extent

that his driving faculties are imparied; or

c. while committing a felony; (1)

4. to the extent that benefits are paid or payable

under any workmen's compensation law;

5. to any pedestrian, other than the named insured or any

relative, not a legal resident of the State of Florida;

6. to any person, other than the named insured, if such

is the owner of a motor vehicle with respect to

which security is required under the Florida Automobile

Reparations Reform Act:

7. to any person, other than the named insured or any rela-

tive, who is entitled to personal injury protection

benefits from the owner of a motor vehicle which is

not an insured motor vehicle under this insurance or

from the owner's insurer;


-22-







8. to any person who sustains bodily injury while

occupying a motor vehicle located for use as a

residence or premises.

Limit of Liability: Application of Deductible (2);

Other Insurance

Regardless of the number of persons insured, policies or bonds appli-

cable, vehicles involved or claims made, the total aggregate limit of

personal injury protection benefits available under the Florida

Automobile Reparations Reform Act from all sources combined, includ-

ing this policy, for all loss and expense incurred by or on behalf

of any one person who sustains bodily injury as the result of any

one accident shall be $5,000; provided that payment for funeral,

cremation or burial expenses included in the foregoing shall in no

event exceed $1,000. If workmen's compensation benefits have been

received for the same items of loss and expense under any workmen's

compensation law, the total aggregate limit of personal injury

protection benefits available with respect to such bodily injury

shall be reduced by the amount of workmen's compensation benefits

received.

If benefits have been received under the Florida Automobile

Reparations Reform Act from any insurer for the same items of loss

and expense for which benefits are available under this policy,

The Company shall not be liable to make duplicate payments to or

for the benefit of the injured person, but the insurer paying such

benefits shall be entitled to recover from the Company its equitable

pro rata share of the benefits paid and expenses incurred in pro-

cessing the claim.


The amount of any deductible stated in the schedule of this endorse-

ment shall be deducted from the total amount of all sums otherwise

23-







payable by the Company with respect to all loss and expense incurred

by or on behalf of each person to whom the deductible applies and

who sustains bodily injury as the result of any one accident,

and if the total amount of such loss and expense exceeds such deduc-

tible, the total limit of benefits the Company is obligated to pay

shall then be the difference between such deductible amount and

the applicable limit of the Company's liability. (2)

Difinitions

When used in reference to this Section:

"bodily injury" means bodily injury, sickness or disease,

including death at any time resulting therefrom;

"medical expenses" means expenses for necessary medical,

surgical, x-ray, dental, ambulance, hospital, professional nursing

and rehabilitative services, for prosthetic devices and for necessary

remedial treatment and services recognized and permitted under the

law of the state for an injured person who relies upon spiritual

means through prayer alone for healing in accordance with his

religious beliefs;

"Motor vehicle" means a 4 wheel self-propelled vehicle of a

type required to be registered and licensed under Florida law, which

is not used as a public or livery conveyance, and which is one of

the following types:

1. a private passenger vehicle, such as a sedan, station

wagon or jeep-type vehicle.

2. A pick-up or panel truck not used primarily in the

occupation, business or profession of the owner.

3. a utility automobile designed for personal use, as


- 24 -








a camper or motor home or for family recreational

purposes but a utility automobile does not include

any such automobile used primarily (1) in the

occupation, profession or business of the owner or

(2) for the transportation of passengers.

A "motor vehicle" does not include a vehicle owned by the

State of Florida, any political subdivision or municipality thereof,

or the Federal Government;

"occupying" means in or upon or entering into or alighting

from;

"insured motor vehicle" means a motor vehicle of which the

named insured is the owner and with respect to which (1) the bodily

injury liability insurance of the policy applies and (2) security

is required to be maintained under the Florida Automobile Repara-

tions Reform Act;

"relative" means a person related to the named insured by

blood, marriage or adoption (including a ward or foster child) who

is a resident of the same household as the named insured;

"pedestrian" means a person while not an occupant of any self-

propelled vehicle;

"owner" means a person or organization who holds the legal

title to a motor vehicle, and also includes:

1. a debtor having the right to possession, in the

event a motor vehicle is the subject of a security

agreement, and

2. a lessee having the right to possession, in the

event a motor vehicle is the subject of a lease


-25-







with option to purchase and such lease agreement is

for a period of six months or more, and

3. a lessee having the right to possession, in the event

a motor vehicle is the subject of a lease without

opiton to purchase, and such lease agreement is

for a period of six months or more, and the lease

agreement provides that the lessee shall be

responsible for securing insurance.

Policy Period; Territory

The insurance under the Section applies only to accidents which occur,

on or after January 1, 1962 (3), and during the policy period.

1. in the state of Florida, and

2. as respects the named insured or a relative,

while occupying the insured motor vehicle outside

the State of Florida but within the United States of

America, its territories or possessions or Canada.


Conditions

1.



















2.


Notice. In the event of an accident, written notice

of the loss must be given to the Company or any of

its authorized agents as soon practicable. If any

injured person or his legal representative shall

institute legal action to recover damages for

bodily injury against a third party, a copy of the

summons and complaint or other process served in

connection with such legal action shall be

forwarded as soon as practicable to the Company by

such injured person or his legal representative.

Action Against The Company. No action shall lie


- 26 -








against the Company unless, as a condition precedent

thereto, there shall have been full compliance with

all terms of this insurance, nor until 30 days after

the required notice of accident and reasonable

proof of claim has been filed with the Company.

3. Medical Reports; Proof and Payment of Claim. As

soon as practicable the person making claim shall give

to the Company written proof of claim, under oath if

required, which may include full particulars of the

nature and extent of the injuries and treatment

received and contemplated, and such other informa-

tion as may assist the Company in determining the

amount due and payable.

4. Reimbursement and Subrogation. In the event of

payment to or for the benefit of any injured

person under this insurance;

a. The Company shall be reimbursed to the

extent of such payment, exclusive of reason-

able attorneys' fees and other reasonable

expenses, out of the proceeds of any settle-

ment or judgment that may result from the

exercise of any rights of recovery of such

person against any person or organization

legally responsible for the bodily injury

because of which such payment is made,

and the Company shall have a lien on such

proceeds to such extent;

b. If the injured person or his legal representa-


- 27 -








tive fails to bring suit against a person or

organization legally responsible for such bodily

injury within one year after the last payment

of any benefits under this insurance, the Com-

pany, upon giving 30 days written notice to the

injured person or his legal representative,

shall have the right to bring suit against

such person or organization, in its own name

or in the name of the injured person or

his legal representative, to recover the amount

of such payments, provided, however that the

prosecution or settlement of such suit without

the consent of the injured person or his

legal representative shall be without prejudice

to such person, or his legal representative.

SECTION II (4)

PRIMARY BASIC PROPERTY PROTECTION;
RENTAL REIMBURSEMENT

The Company will pay for direct and accidental loss which occurs in

the State of Florida on or after January 1, 1972, and during the

policy period to the insured motor vehicle, except while parked,

caused by contact with a motor vehicle whose owner, registrant,

operator, or occupant, or other person or organization legally

responsible for his acts or omissions, is entitled to an exemption

from tort liability for such loss under the Florida Automobile

Reparations Reform Act, provided the named insured would be

legally entitled to recover such loss but for such exemption.

For the purposes of this insurance, determination as to whether


- 28 -







the named insured is legally entitled to recover such loss and

if so the amount thereof, shall be made by agreement between the

named insured and the Company. If the named insured and the

Company do not agree, then, upon written demand of the named

insured, the matter or matters upon which the named and

the Company do not agree shall be settled by arbitration.


The limit of the Company's liability for loss shall not exceed the

actual cash value of the insured motor vehicle, or if the

loss is to a part thereof the actual cash value of such part, at

time of loss, or what it would then cost to repair or replace the

insured motor vehicle or such part with other property of like kind

and quality. This insurance shall be primary under any colli-

sion insurance applicable to the loss.


The Company will also reimburse the named insured, in the event

of loss to which this Section II applies as described in the

preceding paragraph, for expense incurred for the rental of a

substitute of equivalent type and purpose for such automobile,

in addition to the limit of liability otherwise applicable.

Such rental reimbursement shall be limited to the time which

would, with the exercise of due diligence and dispatch, be required

to repair or replace such automobile.

Definitions

The definitions of "motor vehicle" and "owner" as used in Section I

apply to this section and, when used in reference to this section,

"insured motor vehicle" means a motor vehicle of which the named

insured is the owner and with respect to which (1) the property


-29-








damage liability insurance of the policy applied and (2) security

is required to be maintained under the Florida Automobile Repara-

tions Reform Act.

SECTION III

MODIFICATION OF POLICY COVERAGES

Any automobile medical payments insurance and any protection

against uninsured motorists insurance afforded by the policy shall

be excess over any benefits available, or which would be available

but for the application of a deductible (2), under the Florida

Automobile Reparations Reform Act.


Any Collision insurance afforded by the policy shall be amended

to provide the following additional coverages (5):

Limited Waiver of Collision Deductible

The Company will pay up to the collision deductible amount for

loss to the insured motor vehicle, except while parked, caused by

contact with a motor vehicle whose owner, registrant, operator, or

occupant, or other person or organization legally responsible

for his acts or omissions, is entitled to an exemption from tort

liability for such loss under the Florida Automobile Reparations

Reform Act, provided the insured would be legally entitled to

recover such loss but for such exemption. For the purposes of

this coverage, determination as to whether the named insured is

legally entitled to recover such loss and if so the amount

thereof, shall be made by agreement between the named insured

and the Company or, if they fail to agree, then upon written

demand of the named insured, the matter or matters upon which


- 30 -






the named insured and the Company do .not agree shall be settled

by arbitration.

Basic Rental Reimbursement

The Company will reimburse the named insured, in the event of

loss to an insured motor vehicle with respect to which the Limited

Waiver of Collision Deductible applies, for reasonable actual

expense incurred for the rental of a substitute or equivalent

type and purpose for such insured motor vehicle, subject to the

following provisions:

1. Such reimbursement shall be payable

a. only if, with respect to the loss

necessitating such rental,

(1) It is a loss to which such

limited waiver of collision deduc-

tible applies; and

(2) as a result thereof such insured

motor vehicle is continuously

withdrawn from normal use for a

period in excess of 24 hours;

b. for the period commencing with the first

of the number of days for which expense

for such rental is incurred and terminating,

regardless of the expiration of the

policy period, at the end of the number of

days which would, with the exercise of due

diligence and dispatch, be required to repair

or replace such insured motor vehicle;

provided, however, such reimbursement for


- 31 -







any one such period shall not exceed the

amount of such expense (exclusive of mileage

charges) as is necessarily and actually

incurred by the named insured nor, in any

event, a total amount of $10 for any day or

of $300 for any one such period;

c. In addition to the limit of liability other-

wise applicable under any insurance as is

afforded by the policy with respect to

loss to such insured motor vehicle.

2. In the event of loss to which the insurance

under this coverage applies, the named insured

shall

a. give notice thereof as soon as practicable

to the company or any of its authorized

agents; and

b. furnish the company with proof, within such

period of time and in the form of such

evidence as the company may reasonably

require, of the amount of expense (as des-

cribed in paragraph 1 b foregoing) actually

incurred.

SECTION IV

FINANCIAL RESPONSIBILITY

With respect only to any motor vehicle for which security is required

to be maintained under the Florida Automobile Reparations Reform Act

and for which insurance is afforded under the policy, the limits of


- 32 -







the Company's liability under the insurance for bodily injury and

property damage liability shall comply with the limits of liability

required by any other applicable motor vehicle financial responsibility

or compulsory insurance law.

SECTION V

PROVISIONAL PREMIUM

It is agreed that in the event of any change in the rules, rates

rating plan, premiums or minimum premiums applicable to the insurance

afforded, because of an adverse judicial finding as to the constitu-

tionality of any provisions of the Florida Automobile Reparations

Reform Act providing for the exemption of persons from tort liability,

the premium stated in the declarations for any Automobile Bodily

Injury, Automobile Property Damage Liability, Automobile Medical

Payments and protection against Uninsured motorists insurance shall

be deemed provisional and subject to recomputation. [If this policy

is a renewal policy, such recomputation shall also include a deter-

mination of the amount of any return premium previously credited

or refunded to the named insured pursuant to Section 12 (2) (e) of

the Florida Automobile Reparations Reform Act with respect to insurance

afforded under a previous policy (2)].

If the final premium that is recomputed exceeds the premium stated in

the declarations, the named insured shall pay to the Company the excess

as well as the amount of any return premium previously credited or

refunded.

SCHEDULE(6)

The insurance for PERSONAL INJURY PROTECTION is subject to a deductible

of $ applicable to /7 the following named insured

only:


- 33 -








/-7 each named insured and each relative



REFERENCE NOTES

(1) Matter may be omitted at the option of the Company.

(2) Matter is to be omitted from the endorsement for use

with outstanding policies.

(3) Matter to be omitted from the endorsement for use with new

and renewal policies with effective dates on or after

January 1, 1972.

(4) Section II is to be omitted in its entirety from the endors-

ment for use with new and renewal policies with effective

dates on or after January 1, 1972. For these policies a

separate endorsement for Basic Property Protection Coverage

will be available.

(5) Matter and remainder of Section III relating to limited Waiver

of Collision Deductible and Basic Rental Reimbursement, is to

to be omitted from the endorsement for use with outstanding

policies.

(6) Matter may be included, omitted or amended at the option of

the Company. Such matter may be incorporated into the

declarations of the policy, either by reference, if prepared

as a separate schedule, or by inserting each matter into

the declarations. The schedule is to be omitted from the

endorsement for use with outstanding policies


IMPORTANT NOTICE: ANY POLICY WHICH CONTAINS COLLISION INSURANCE, AND

IS EFFECTIVE ON OR AFTER JANUARY 1, 1972, CONTAINS THE COVERAGE

AFFORDED BY THIS ENDORSEMENT, AND THIS ENDORSEMENT SHOULD BE CANCELLED

FROM THE POLICY.


- 34 -







FLORIDA BASIC PROPERTY

PROTECTION



It is agreed that:

1. The company will pay for direct and accidental loss which occurs

in the State of Florida and during the policy period to the

insured motor vehicle, except while parked, caused by contact

with a motor vehicle whose owner, registrant, operator, or

occupant, or other person or organization legally responsible

for his acts or omissions, is entitled to an exemption from

tort liability for such loss under the Florida Automobile

Reparations Reform Act, provided the named insured would be

legally entitled to recover such loss but for such exemption.

For the purposes of this insurance, determination as to

whether the named insured is legally entitled to recover

such loss and if so the amount thereof, shall be made by

agreement between the named insured and the Company. If the

named insured and the Company do not agree, then, upon

written demand of the named insured, the matter or matters

upon which the named insured and the Company do not agree

shall be settled by arbitration. The limit of the Company's

liability for loss shall not exceed the actual cash value of

the insured motor vehicle, or if the loss is to a part thereof

the actual cash value of such part, at time of loss, or what

it would then cost to repair or replace the insured motor

vehicle or such part with other property of like kind and

quality. The Company shall be liable only for the amount of

each such loss in excess of the deductible amount stated in


- 35 -







the schedule as applicable thereto. The deductible amount

shall not apply to loss caused by contact with another

motor vehicle insured by the Company.


"Insured motor vehicle," as used herein, means a motor

vehicle of which the named insured is the owner and with

respect to which security is required to be maintained under

the Florida Automobile Reparations Reform Act.

2. The Company will reimburse the named insured, in the event

of loss to an insured motor vehicle with respect to which

insurance under the Basic Property Protection Coverage is

afforded and which is described herein or designated in the

declarations as subject to this endorsement, for reasonable

actual expense incurred for the rental of a substitute of

equivalent type and purpose for such insured motor vehicle,

subject to the following provisions:

a. Such reimbursement shall be payable

(1) only if, with respect to the loss necessitating

such rental,

(a) it is a loss to which such Basic Property

Protection applies; and

(b) as a result thereof such insured motor vehicle

is continuously withdrawn from normal use for

a period in excess of 24 hours;

(2) for-the period commencing with the first of the

number of days for which expense for such rental

is incurred and terminating, regardless of the

expiration of the policy period, at the end of the


- 36 -







number of days which would, with the exercise

of due diligence and dispatch, be required to

repair or replace such insured motor vehicle;

provided, however, such reimbursement for any

such period shall not exceed the amount of such

expense (exclusive of mileage charges) as is

necessarily and actually incurred by the named

insured nor, in any event, a total amount of

$10 for any day or of $300 for any one such

period;

(3) In addition to the limit of liability otherwise

applicable under any insurance as is afforded by the

policy with respect to the loss to such insured

motor vehicle, and shall not be subject to the

application of any deductible thereunder.

b. In the event of loss to which the insurance under this

endorsement applies, the named insured shall

(1) give notice thereof as soon as practicable to the

Company or any of its authorized agents; and

(2) furnish the company with proof, within such

period of time and in the form of such evidence

as the Company may reasonably require of the amount

of expense (as described in paragraph a(2) fore-

going actually incurred.

3. All of the provisions of the policy relating to collision cover-

age, except as modified herein, are applicable to his insurance.


-37-







SCHEDULE

Deductible $





FLORIDA
COLLISION AMENDATORY ENDORSEMENT

Any collision insurance afforded by the policy shall be amended to

provide the following additional coverages:

Limited Waiver of Collision Deductible

The Company will pay up to the collision deductible amount for loss

to the insured motor vehicle, except while parked, caused by contact

with a motor vehicle whose owner, registrant, operator, or occupant,

or other person or organization legally responsible for his acts

or omissions, is entitled to an exemption from tort liability for

such loss under the Florida Automobile Reparations Reform Act,

provided the insured would be legally entitled to recover such

loss but for such exemption. For the purposes of this coverage,

determination as to whether the named insured is legally entitled to

recover such loss and if so the amount thereof, shall be made by

agreement between the named insured and the Company or, if they

fail to agree, then upon written demand of the named insured, the

matters upon which the named insured and the Company do not agree shall

be settled by arbitration.

BASIC RENTAL REIMBURSEMENT

The Company will reimburse the named insured, in the event of loss

to an insured motor vehicle with respect to which the limited waiver

of collision deductible applies, for reasonable actual expense incurred


- 38 -








for the rental of a substitute of equivalent type and purpose for

such insured motor vehicle, subject to the following provisions:

1. Such reimbursement shall be payable

a. only if, with respect to the loss necessitating

such rental,

(1) it is a loss to which such limited waiver

of collision deductible applies; and

(2) as a result thereof such insured motor

vehicle is continuously withdrawn from

normal use for a period in excess of 24 hours;

b. for the period commencing with the first of the

days for which expense for such rental is incurred

and terminating, regardless of the expiration of

the policy period, at the end of the number of

days which would, with the exercise of due

diligence and dispatch, be required to repair

or replace such insured motor vehicle; provided,

however, such reimbursement for any one such

period shall not exceed the amount of such expense

(exclusive of mileage charges) as is necessarily

and actually incurred by the named insured nor,

in any event, a total amount of $10 for any day

or of $300 for any one such period;

c. In addition to the limit of liability otherwise

applicable under any insurance as is afforded by

the policy with respect to loss to such insured

motor vehicle.

2. In the Event of loss to which the insurance under this

coverage applies, the named insured shall


- 39 -







a. give notice thereof as soon as practicable

to the company or any of its authorized agents; and

b. furnish the Company wtih proof, within such

period of time and in the form of such

evidence as the Company may reasonably

require, of the amount of expense (as

described in paragraph 1-b foregoing) actually

incurred.







For the reader who would like to read the law in its present form, I

attach a xerox copy of the Act as passed and which became a law without

the Governor's approval.

In conclusion, the Florida No-Fault Insurance Law is an

attempt by the legislators to respond to what they feel is the wish

of the people and in such a way as to work an improvement on our

present system. Undoubtedly there will be a definite period of

adjustment for the people to acquire a working knowledge of this new

method of claims. I predict that the Act, if it lasts, will be amend-

ed many times and will be the subject of extensive judicial interpre-

tation.

It is hoped that the legislature properly evaluated the wishes

of the people in enacting this legislation and that a more just and

fair way of compensating claims has been created.


- 40 -












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