18 Fla. L. Weekly Supp. 702b

Online Reference: FLWSUPP 1808CABR Insurance — Personal injury protection — Examination under oath — Failure to attend — Attendance at EUO is not condition precedent to PIP coverage

JUAN CABRERA, Plaintiff, vs. INTEGON INDEMNITY CORPORATION, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, County Civil Division. Case No. 10-CC-021021, Div. I. June 13, 2011. Herb Berkowitz, Judge.

[Editor’s note: See subsequent report at FLWSUPP 1903CABR]

ORDER GRANTING PLAINTIFF’S MOTIONFOR SUMMARY JUDGMENT

THIS CAUSE having come before this Court on June 1, 2011 on Plaintiff’s Motion for Summary Judgment, Defendant’s Motion for Final Summary Judgment and Defendant’s Motion to Opposition to Plaintiff’s Motion for Summary Judgment, with Timothy Patrick appearing for Plaintiff and William Pratt appearing for Defendant. The court, having reviewed the record and having heard argument by counsel, rules for the reasons stated on the record, as follows:

ORDERED AND ADJUDGED:

1. Defendant’s only affirmative defense in this action is that the Plaintiff failed to fulfill a condition precedent to obtaining coverage by failing to attend a properly scheduled examination under oath (EUO) on May 24, 2010 and therefore, Defendant is relieved of any obligation to afford coverage under the policy.

2. Plaintiff’s Motion for Summary Judgment as to this affirmative defense is HEREBY GRANTED and Defendant’s affirmative defense as plead is stricken based upon this court’s previous ruling in Tropical Healing Power, LLC (a/a/o Brandon Venable) v. Mendota Ins. Co., (Case No, 10-CA-002553, 13th Judicial Circuit, Hillsborough County, May 6, 2011, Judge Herb Berkowitz).

3. Defendant’s Motion for Final Summary Judgment on this same EUO defense is HEREBY DENIED based upon the aforementioned ruling.

4. This summary judgment shall not impact Defendant’s amended affirmative defenses.