Med Exam Breach Doesn't Ax Insurance Benefits: Fla. Justices

Law360, New York (March 14, 2014, 7:21 PM EDT) -- The Florida Supreme Court ruled Thursday that an insured's breach of a compulsory medical examination provision in an underinsured motorist policy does not result in forfeiture of benefits unless the insurer pleads and proves prejudice as part of its affirmative defense.

The high court rejected an argument by State Farm Mutual Automobile Insurance Co. that a provision in the policy requiring claimants to undergo medical examinations was precedent to coverage and the filing of a lawsuit, saying the insurance company had the burden of pleading and...
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