26 Fla. L. Weekly Supp. 514b
Online Reference: FLWSUPP 2606GUERInsurance — Personal injury protection — Coverage — Conditions precedent — Examination under oath — Failure to attend — Where insured failed to attend two scheduled EUOs, but there is no showing of unreasonableness on behalf of insured, insurer’s motion for final summary judgment and motion for sanctions are denied
FLORIDA PAIN AND WELLNESS CENTER, INC., (a/a/o Rosa I. Guerrero), Plaintiff v. WINDHAVEN INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 17-CC-017977. September 13, 2018. Gaston J. Fernandez, Judge. Counsel: Timothy A. Patrick, Patrick Law Group, P.A., Tampa, for Plaintiff
.ORDER GRANTING PLAINTIFF’S MOTIONFOR FINAL SUMMARY JUDGMENT AND DENYINGDEFENDANT’S MOTION FOR FINAL SUMMARYJUDGMENT AND MOTION FOR SANCTIONS
THIS MATTER having come before the court on September 11, 2018 on Plaintiff’s Motion for Final Summary Judgment and Defendant’s Motion for Final Summary judgment and Motion for Sanctions Served on July 26, 2017. The court having considered both parties’ Motions, the arguments presented by the parties, applicable law, and being otherwise fully advised, finds,
1. Both parties moved for summary judgment based upon the named insured failing to appear for EUO’s on November 28, 2016 and December 6, 2016 pursuant to EUO Notices dated October 15, 2016.
2. The court bases its ruling upon the relevant language of Defendant’s insurance policy specifically requiring claimants:
“As a condition precedent to receiving personal injury protection benefits, submit to an examination under oath…as often as we reasonably require…If that person or organization unreasonably refuses to submit to an exam, we will not be liable for personal injury protection benefits.”
3. The court finds that there was no showing of unreasonableness on behalf of the claimant, Rosa Guerrero.
4. Plaintiff’s Motion for Final Summary Judgment is HEREBY GRANTED.
5. Defendant’s Motion for Final Summary Judgment and Motion for Sanctions dated July 26, 2017 is HEREBY DENIED.
6. The court reserves jurisdiction over attorney’s fees and costs.
