School Board of Broward County v. State Farm Mutual Automobile Insurance Co. (consol. with Palm Beach County School Board v. State Farm)
State Farm sued the Broward and Palm Beach school boards under section 627.7405(1), Florida Statutes, for reimbursement of PIP benefits paid to persons injured in school bus accidents, and the county courts entered summary judgments for State Farm based on the Second District's Lee County decision. The Fourth District reversed, holding that chapter 627 does not clearly and unequivocally waive school boards' sovereign immunity because, although school buses are defined as 'commercial motor vehicles,' the statute nowhere defines any state entity as a proper party to be sued as an 'owner' or 'insurer.' The court certified conflict with Lee County School Board v. State Farm, 276 So. 3d 352 (Fla. 2d DCA 2019).
Key facts
- State Farm Mutual Automobile Insurance Co. sued the Broward County School Board and Palm Beach County School Board seeking reimbursement of personal injury protection (PIP) benefits paid to persons injured in school bus accidents under Florida Statutes section 627.7405(1).
- The county courts entered summary judgments in favor of State Farm based on precedent from the Second District Court of Appeal, but the Fourth District Court of Appeal reversed those judgments.
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Why it matters
This creates an express inter-district conflict on whether PIP insurers may pursue section 627.7405(1) reimbursement against Florida school boards, setting the stage for Florida Supreme Court review and immediately… — full analysis with a trial
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