19 Fla. L. Weekly Supp. 924a
Online Reference: FLWSUPP 1911LUCIInsurance — Personal injury protection — Examination under oath — Insured’s attendance at EUO is not condition precedent to coverage under PIP policy
TWO AND TWO, LLC, A/A/O JEANNETTE LUCIANO, Appellant, v. UNITED AUTOMOBILE INSURANCE COMPANY, INC., A Florida Corporation, Appellee. Circuit Court, 17th Judicial Circuit (Appellate) in and for Broward County. Case No. CACE10-033378 (05). L.T. Case No. COCE07-001419. June 8, 2012.
OPINION
(EADE, Judge.) THIS CAUSE came before the Court, sitting in its appellate capacity, upon Two and Two, LLC’s Notice of Appeal from the county court’s Order on Defendant’s Motion for Summary Judgment in favor of Defendant. This Court, having carefully considered the appellate documents, the trial court record, the applicable law and being duly advised in the premises, dispenses with oral argument, and finds as follows:
On June 16, 2011, Appellee, United Automobile Insurance Company, Inc. (“Appellee”), filed its Notice of Confession of Error. Appellee, the Defendant below, concedes error as to the issues raised in the instant appeal based on the decision in Custer Med. Ctr. v. United Auto. Ins. Co., 62 So. 3d 1086 (Fla. 2010) [35 Fla. L. Weekly S640a]. See Id. (holding that insured’s attendance at a medical examination was not a condition precedent to the existence of an auto insurance policy that provided PIP benefits). Accordingly, it is
ORDERED AND ADJUDGED that the county court’s Order on Defendant’s Motion for Summary Judgment is REVERSED and this cause is REMANDED to county court for further proceedings.
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