8 Fla. L. Weekly Supp. 607a
Insurance — Personal injury protection — Independent medical examination — Medical report based on an IME is not required for an insurer to deny PIP benefits to an insured
ALLSTATE INDEMNITY COMPANY, Appellant, v. JOSEPH ALTIDOR, Appellee. Circuit Court, 15th Judicial Circuit (Appellate) in and for Palm Beach County, Civil Division. Case No. AP 98-11537 AY. Opinion filed July 16, 2001. Appeal from Robert Parker, J., County Court in and for Palm Beach County. Counsel: Michael Davis, West Palm Beach, for Appellant. Diego C. Asencio, West Palm Beach, for Appellee.
(PER CURIAM.) Appellant raised five points on appeal. This Court considered all five points and found merit in only the first.
In its first point on appeal, Appellant argues that the trial court erred in granting Appellee’s motion for directed verdict. The trial court granted Appellee’s motion for directed verdict because it considered a medical report based on an independent medical examination a requirement before an insurer can deny personal injury protection (“PIP”) benefits to an insured.
At the time that the learned judge made this decision, he did not have the benefit of several recent decisions from the Fourth District which hold that such a medical report is not required for an insurer to deny PIP benefits to an insured. See AIU Ins. Co. v. Daidone, 760 So. 2d 1110 (Fla. 4th DCA 2000); Allstate Ins. Co. v. Schall, 778 So. 2d 317 (Fla. 4th DCA 2000); United Automobile Ins. Co. v. Tienna, 780 So. 2d 1010 (Fla. 4th DCA 2001). Therefore, Appellee’s motion for directed verdict should not have been granted. As such, this case is reversed and remanded for a new trial.
Additionally, this case is remanded to the trial court for a determination of Appellee’s attorney’s fees, should Appellee prevail below.
REVERSED & REMANDED. (BARKDULL, RAPP AND BLANC, JJ., concur.)
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