Fla. Supreme Court Nixes PIP Benefits Exam Provision

Law360, Miami (June 27, 2013, 4:00 PM EDT) -- The Florida Supreme Court ruled Thursday that under state law, insurance companies cannot require attendance at an examination under oath to recover personal injury protection benefits for pre-2013 claims, finding the policy inconsistent with the PIP statute's intent of providing “swift and virtually automatic” payment.

The 5-2 decision was issued as a response to a certified law question from the Eleventh Circuit in the appeal of Florida resident Merly Nunez against Geico General Insurance Co. The Florida Supreme Court also noted that an amendment to Florida's...
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