17 Fla. L. Weekly Supp. 272a
Online Reference: FLWSUPP 1704ADDI
Insurance — Personal injury protection — Declaratory judgment — Insurer is obligated to provide insured with transcript of examination under oath
ADRIAN ADDISON, Plaintiff, vs. GEICO GENERAL INSURANCE COMPANY, Defendant. Circuit Court, 13th Judicial Circuit in and for Hillsborough County. Case No. 09-CC-025276, Division Q. February 16, 2010. Christine K. Vogel, Judge. Counsel: Carl J. Ohall, Tampa Bay Legal Center, P.A. Brandon.
FINAL JUDGMENT
This cause came before this Honorable Court on this date, and the Court, taking into consideration the Complaint, Motions, and other pleadings hereby Finds and Orders as follows:
FINDINGS OF FACT:
Plaintiff was involved in an accident and was an omnibus PIP insured of Defendant. Defendant requested, and Plaintiff underwent, an Examination Under Oath (EUO) as required by Defendant pursuant to the Statute and Policy. After the EUO, Defendant cut off benefits, and stopped paying PIP benefits to medical providers of the Plaintiff. Defendant did not explain to the Plaintiff or his counsel the reasoning behind the denial. Plaintiff, through his counsel, requested a copy of the EUO transcript. Defendant denied the request stating that the EUO was “work product.” Plaintiff filed this Action for Declaratory Relief for this Court to determine whether he was entitled to the EUO as a matter of law under the PIP Policy and/or the PIP Statute. After this litigation was filed, GEICO provided counsel for Plaintiff with a copy of the EUO transcript and stipulated to the entry of this Order.
FINDINGS OF LAW:
Under the facts and circumstances of this case, and through Plaintiff’s and Defendant’s stipulation, the Plaintiff is entitled to the declaratory relief sought in his Complaint and the Court declares that the Defendant is obligated by Florida law to provide the Plaintiff with a copy of the EUO transcript of Plaintiff’s Examination Under Oath. See, e.g., Wilbanks v. United Automobile Insurance Company, 16 Fla. L. Weekly Supp. 47a (6th Judicial Circuit, 2008).
