7 Fla. L. Weekly Supp. 438b
Insurance — Personal injury protection — Error to grant summary judgment in favor of insurer based on insured’s unreasonable refusal to submit to independent medical examination where record demonstrates existence of material facts in dispute regarding circumstances surrounding insured’s failure to attend IME
BARTOLOME FRIAS, Appellant, vs. UNION AMERICAN INSURANCE COMPANY, Appellee. Circuit Court, 11th Judicial Circuit (Appellate) in and for Miami-Dade County. Case No. 98-418 AP. Lower Court Case No. 97-17153 CC 05. Opinion filed April 18, 2000. An appeal from County Court, Miami-Dade County, Florida, Honorable A. Leo Adderly, Judge. Counsel: Angel L. Gimenez, and Jose I. Carrillo, for Appellant. Michael J. Merenstein, for Appellee.
(Before MARIA M. KORVICK, CELESTE H. MUIR, SANDY KARLAN, JJ.)
(PER CURIAM.) The appellant, plaintiff below, appeals the decision of the lower court granting final summary judgment in favor of the appellee, defendant below. The issue presented to the trial court was whether the appellant unreasonably refused to submit to an Independent Medical Examination (IME) pursuant to §627.736(7), Fla. Stat. (1997).
In order to prevail on summary judgment, the moving party must conclusively show that there is no issue of genuine material fact, and that the movant is entitled to summary judgment as a matter of law. Fla. R. Civ. P. 1.510(c); Johnson v. Gulf Life Ins. Co., 429 So. 2d 744, 746 (Fla. 3d DCA 1983). The trial court must draw every possible inference in favor of the party against whom summary judgment is sought. Moore v. Morris, 475 So. 2d 666, 668 (Fla. 1985). If the record raises even the slightest doubt that an issue might exist, summary judgment is precluded. Fatherly v. California Federal Bank, FSB, 703 So. 2d 1101, 1102 (Fla. 2d DCA 1997).
The record sub judice demonstrates the existence of material facts in dispute regarding the circumstances surrounding the appellant’s failure to attend the IME, which precludes the granting of summary judgment. See Blanco v. Fortune Insurance Co., 5 Fla. L. Weekly Supp. 805b (Fla. 11th Jud. Cir. 1998). Therefore, we reverse and remand this cause for further proceedings.
REVERSED AND REMANDED.
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