16 Fla. L. Weekly Supp. 947b
Online Reference: FLWSUPP 1610EMIL
Insurance — Personal injury protection — Examination under oath — Where insured did not appear for EUO of which he had notice and knowledge, insurer’s motion for partial summary judgment is granted
WILXENE EMILCAR, Plaintiff, vs. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant. Circuit Court, 10th Judicial Circuit in and for Polk County, Civil Division Section 11. Case No. 2007 CA-004285. June 25, 2008. Roger A. Alcott, Judge. Counsel: David Wilson. Tammy Denbo, Masten, Lyerly, Peterson & Denbo, LLC, Orlando.
ORDER GRANTING DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT RE: PIP BENEFITS FOR PLAINTIFF’S FAILURE TO SUBMIT TO EXAMINATION UNDER OATH REQUESTED UNDER PIP PORTION OF POLICY
THIS CAUSE came before the Court on Monday, 23 June 2008 for a noticed hearing on the defendant’s motion for summary judgment regarding failure to submit to examination under oath regarding Personal Injury Protection benefits. Attorney Tammy Denbo appeared for the defendant. Attorney David Wilson appeared for the defendant. The Court heard the arguments of counsel, and took the matter under advisement to review the pleadings and submissions.
The Court must make its decision on the record evidence. There are no opposing affidavits. The Court has reviewed the depositions and affidavits. The Court has considered the affidavit of Mary Keller. There is no material disputed fact that the plaintiff did not respond to a request for an examination under oath in regards to the accident at the 20 November 2006 scheduled examination and that he had knowledge and notice.
Upon the foregoing findings and conclusions of law, it is
ORDERED AND ADJUDGED that:
1. The Defendant’s Motion for Partial Summary Judgment as to PIP benefits is GRANTED.
