Advanced Florida Medical Group, Corp. (a/a/o Weir) v. Progressive American Insurance Co.
A PIP insurer pled as an affirmative defense that the insured 'failed to appear' for an examination under oath, but moved for and obtained summary judgment on the theory that she 'failed to submit' to the EUO after appearing but disputing videorecording. The Sixth DCA reversed, holding the insurer was bound by its pleading and that the trial court erred in granting summary judgment on an unpled affirmative defense.
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