21 Fla. L. Weekly Supp. 40b
Online Reference: FLWSUPP 2101RHERInsurance — Personal injury protection — Coverage — Conditions precedent — Examination under oath may not serve as condition precedent for PIP coverage for policies issued prior to 2012
MILLENNIUM REHABILITATION CENTER, INC. (a/a/o/ Ricardo Hernandez), Appellant, v. MERCURY INSURANCE COMPANY OF FLORIDA, Appellee. Circuit Court, 15th Judicial Circuit (Appellate) in and for Palm Beach County, Civil Division. Case No. 502011AP000071XXXXMB. L.T. Case No. 502009CC013038XXXXMB, Division: “AY”. August 28, 2013. Appeal from the County Court in and for Palm Beach County, Judge Caroline Shepherd. Counsel: Marlene S. Reiss, and Neil M. Gonzalez, Miami, for Appellant. Douglas H. Stein, Miami; and David A. Bronstein, Fort Lauderdale, for Appellee.
(PER CURIAM.) REVERSED. A recent decision of the Florida Supreme Court, Nunez v. Geico General Insurance Company, 38 Fla. L. Weekly S440a (Fla. 2013), held that an examination under oath may not serve as a condition precedent for personal injury protection insurance coverage for policies issued prior to the year 2012. In light of the Florida Supreme Court’s ruling, which was unavailable for the trial court’s consideration, we reverse. Appellant’s Motion for Appellate Attorney’s Fees is GRANTED contingent upon Appellant ultimately prevailing in the lower court action. (FINE, GILLEN, CROW, JJ., concur.)
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