12 Fla. L. Weekly Supp. 536a
Insurance — Personal injury protection — Coverage — Examination under oath — Failure to attend — Where question of whether contract language regarding EUO is ambiguous is question of law to be determined by trial court, and court was correct in ruling that contract language stating that insured shall give written proof of claim under oath and/or submit to examination under oath was ambiguous, summary judgment and directed verdict were properly entered in favor of insured
VICTOR ESCOBAR, Petitioner, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Respondent. Circuit Court, 11th Judicial Circuit (Appellate) in and for Miami-Dade County. Case No. 3D04-2233. L.T. Case Nos. 02-212AP and 00-6601 CC 24. March 15, 2005. A Petition for Writ of Certiorari to the Appellate Division, of the Circuit Court for Miami-Dade County, Stanford Blake and Manuel A. Crespo, Judges. Counsel: Marlene S. Reiss, Stephens, Lynn, Klein, et al., for Petitioner. Mark A. Gatica, for Respondent.
[Original Opinion at 11 Fla. L. Weekly Supp. 531b]
(Per Curiam.) Based upon the Opinion of the Third District Court of Appeal (3D04-2233) [30 Fla. L. Weekly D329a], this Court has reviewed the record to determine if the County Court was correct in its legal determination that the language in the insurance contract was ambiguous. Since this is a question of law to be determined by the Court, our de novo review finds that the lower Court was correct in its ruling of the contract’s ambiguity. Therefore, this Court recedes from its original opinion of April 13, 2004 and finds the Summary Judgment and directed verdict was properly entered below.
This matter is remanded to the County Court for proceedings consistent with this opinion.
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