24 Fla. L. Weekly Supp. 163a
Online Reference: FLWSUPP 2402GILBInsurance — Personal injury protection — Coverage — Conditions precedent — Examination under oath — Notice — Insurer properly notified insured of EUO by providing notice to insured’s attorney — Where insured’s attorney only requested that insurer reschedule EUO, insured could not later challenge location of EUO — Summary judgment is entered in favor of insurer
PHYSICIANS GROUP LLC a/a/o CHRISTEN GILBERT, Plaintiff, vs. WINDHAVEN INSURANCE COMPANY, Defendant. County Court, 12th Judicial Circuit in and for Sarasota County, Civil Division. Case No. 2015 SC 001339 NC. April 6, 2016. Honorable Phyllis Galen, Judge. Counsel: Alexis Rosenberg, for Plaintiff. John Mollaghan, Windhaven Managers, Inc., Miami, for Defendant.
ORDER ON PLAINTIFF’S MOTION FOR FINALSUMMARY JUDGMENT AND DEFENDANT’S CROSSMOTION FOR FINAL SUMMARY JUDGMENT
THIS CAUSE, having come before the Court and the Court having heard arguments of both parties’ counsels, and the Court being advised in the premises, it is hereby:
ORDERED AND ADJUDGED that:
1. Defendant’s Motion for Final Summary Judgment is hereby GRANTED, Christen Gilbert failed to satisfy the Conditions Precedent contained in both Fla. Stat. 627.736(6)(g) and Defendant’s contract of insurance to entitle Christen Gilbert, and the assignees and successors in title to coverage when Christen Gilbert failed to attend the scheduled Examination Under Oath (EUO). Consequently, Defendant properly denied payment of Personal Injury Protection benefits in this matter.
2. Plaintiff’s Motion for Final Summary Judgment is hereby DENIED.
3. The Court found that the Defendant properly noticed Christen Gilbert of the time and place of the Examination when Defendant provided such notice through Christen Gilbert’s attorney of record, because Christen Gilbert, through the attorney of record, requested in a letter titled “Attn: PIP Claims” that all correspondence be directed through said attorney.
4. Furthermore, the Court found that as said attorney only requested that Defendant reschedule the EUO, and never objected to the location of the EUO, then Plaintiff could not later challenge the location of the EUO.
Therefore, Plaintiff shall recover nothing from the action, because the Christen Gilbert, the named insured failed to satisfy the condition precedent of attendance at an Examination under Oath, and Defendant shall go hence without day.
