6 Fla. L. Weekly Supp. 444a
Insurance — No fault — Insurer’s motion for summary judgment granted — Question certified: Is coverage under a no-fault policy of insurance barred 1) if the insured refuses to attend or complete an examination under oath, and/or 2) if the insured fails to provide written documentation to support his claim, and/or 3) if the insured files suit on the policy prior to complying with the terms and conditions of the policy of insurance, if the policy provisions require, at a minimum, compliance with these three criteria as conditions precedent to coverage?
JOSHUA HILLMAN, Plaintiff, vs. ALLSTATE INSURANCE COMPANY, Appellee. County Court of the 20th Judicial Circuit in and for Lee County, Civil Division. Case No: 96-1209-CC. March 31, 1999. G. Keith Cary, Judge.
ORDER GRANTING FINAL SUMMARY JUDGMENT
THIS CAUSE having come on for hearing in premises on the Defendant’s Motion to Dismiss, or in the Alternative, Motion for Final Summary Judgment, and after thorough review of the record and upon argument of counsel, it is hereby ORDERED and ADJUDGED that the record properly present before this Court does not reveal the presence of any genuine issues of material fact and Defendant’s Motion for Final Summary Judgment is GRANTED.
This Court hereby certifies the following question to the Second District Court of Appeal as a matter of great public importance:
Is coverage under a no-fault policy of insurance barred 1) if the insured refuses to attend or complete an examination under oath, and/or 2) if the insured fails to provide written documentation to support his claim, and/or 3) if the insured files suit on the policy prior to complying with the terms and conditions of the policy of insurance, if the policy provisions require, at a minimum, compliance with these three criteria as conditions precedent to coverage?
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