Nunez v. Geico Gen. Ins. Co., 117 So. 3d 388 (Fla., 2013)

Supreme Court of Florida clarifies law on pre-2013 EUOs, reserves comment as to applicability and/or validity of 2012 PIP law amendment.

The Supreme Court of Florida considered the certified question from the 11th Circuit Court of Appeals of “[w]hether, under FLA. STAT. § 627.736 [2008], an insurer can require an insured to attend an [examination under oath] as a condition precedent to recovery of [personal injury protection] benefits.” Ultimately, the Court answered this question in the negative, maintaining that “Geico’s policy provision requiring Nunez and other insureds who sought PIP benefits prior to January 1, 2013, to be subjected to an EUO as a condition precedent was unreasonable and unnecessary under [then existing] Florida law.” Importantly, however, the Court’s holding appears applicable only to coverage effectuated prior to the January 1, 2013, effective date of Florida’s new PIP statute which, unlike the prior law, specifically codifies a carrier’s contractual right to an EUO. See Fla. Stat. § 627.736(6)(g) (2012) (“[a]n insured seeking benefits…must comply with the terms of the policy, which include…submitting to an examination under oath”).

Case Law Alerts, 4th Quarter 2013