17 Fla. L. Weekly Supp. 828b

Online Reference: FLWSUPP 1709OSOR

Insurance — Personal injury protection — Examination under oath — Failure to attend — Where insurer attempted to deliver EUO notice to insured at incorrect address provided in application for benefits and in policy, insurer made proper attempt to provide notice, and insured’s failure to attend EUO is breach of condition precedent

CENTRAL THERAPY CENTER, A/A/O OSORIO, VICTORIA E., Plaintiff, vs. ESURANCE INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 07 31219 SP 23. Civil Division. May 5, 2010. Myriam Lehr, Judge. Counsel: Law Offices of Maria Corvaia O’Donnell, P.A, Pompano Beach.

AGREED ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

THIS MATTER having come before the Court IT IS:

ORDERED AND ADJUDGED that in this case, wherein the Defendant Esurance Insurance Company, attempted to deliver notice of an Examination Under Oath to its insured, pursuant to its rights in the underlying policy of insurance which governed her claim, but could not deliver said notice to insured, due to the insured providing an incorrect address to insurer in her application for benefits and in her policy of insurance for the underlying claim, Defendant cannot be expected to investigate its former claims records on said insured’s past policies, and any outside records, in order to procure a valid address for its insured, and therefore Defendant’s attempt to deliver insured’s notice at her record address on the policy of insurance and the application for benefits for the subject claim is a proper attempt to notice insured of Examination Under Oath, and insured’s failure to attend her timely noticed Examination Under Oath, which was set to occur within thirty days of the date of receipt of the medical bills in the subject claim, is a breach of condition precedent to the underlying policy of insurance, and therefore Defendant’s Motion for Summary Judgment is proper and hereby GRANTED.