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AMERICAN INS. CO., v. STATE FARM MUTUAL AUTOMOBILE INS. CO.,

No. 2D02-4757.

865 So.2d 590 (2004)

AMERISURE INSURANCE COMPANY, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 17, 2004.

Attorney(s) appearing for the Case

K. Mitch Espat of Smith Clark Delesie Bierley Mueller & Kadyk, Tampa, for Appellant.

David B. Kampf and Sonya S. Hammac of Ramey, Ramey & Kampf, P.A., Tampa, for Appellee.

KELLY, Judge.

Amerisure Insurance Company appeals a final summary judgment in favor of State Farm Mutual Automobile Insurance Company in an action in which State Farm sought reimbursement under section 627.7405, Florida Statutes (2001), for personal injury protection ("PIP") benefits it paid to its insured.1 We affirm.

Kelly Edman, accompanied by her five children, was driving a commercial vehicle owned by Wright Construction Corporation...

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