28 Fla. L. Weekly Supp. 425a
Online Reference: FLWSUPP 2805HILC
Insurance — Declaratory judgments — Duty to attend examination under oath — Motion to dismiss action seeking declaration regarding insured’s duty to attend examination under oath during pandemic is denied
TYLER HILCHEY, Plaintiff, v. PROGRESSIVE SELECT INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 20-CC-023122. June 25, 2020. Michael C. Bagge-Hernandez, Judge. Counsel: Timothy A. Patrick, Patrick Law Group, P.A., Tampa, for Plaintiff.
ORDER DENYING DEFENDANT’S AMENDED MOTION TO DISMISS
THIS MATTER having come before the court on June 23, 2020 on Defendant’s Amended Motion to Dismiss. The court having reviewed the file, considered the motion, the arguments presented by counsel, applicable law, and being otherwise fully advised, finds,
1. Plaintiff filed this Declaratory action seeking a declaration regarding the Plaintiff’s doubt about his duty to attend an EUO on April 28, 2020 during the Covid-19 pandemic. Defendant’s argument is that it subsequently canceled the April 28, 2020 EUO, thereby rendering the EUO issue of the Declaratory action moot.
2. The Court’s analysis is confined to the four (4) corners of the complaint. Further, all allegations made by Plaintiff must be accepted as true and accurate.
3. Based on Tindall v. Allstate Ins. Co., 472 So.2d 1291 (Fla. 2d DCA 1985) and Higgins v. State Farm Fire & Cas. Co., 894 So.2d 5 (Fla. 2004) [29 Fla. L. Weekly S533a], Defendant’s Amended Motion to Dismiss is HEREBY DENIED.
4. Defendant shall file its answer within twenty (20) days of June 23, 2020.
