New Life Rehab Medical Center a/a/o Mario Fernandez v. Mercury Insurance Company of Florida
The trial court granted summary judgment for the insurer, holding that section 607.1622(8), Florida Statutes, barred an administratively dissolved corporation (a PIP assignee) from maintaining suit. The Third District reversed, aligning with the First, Second, Fourth, and Fifth DCAs in holding that the annual-report bar applies only to existing corporations that failed to file annual reports, not to administratively dissolved corporations winding up their affairs.
Key facts
- New Life Rehab Medical Center, a PIP assignee corporation, sued Mercury Insurance Company of Florida on behalf of an injured party; the corporation had been administratively dissolved for failing to file annual reports.
- The trial court granted summary judgment for the insurer, finding that section 607.1622(8), Florida Statutes, barred the administratively dissolved corporation from maintaining the suit.
- +2 more key facts with a free trial
Why it matters
This resolves an issue that recurs whenever a defendant (especially a PIP insurer facing an AOB provider) attacks a plaintiff corporation's capacity to sue based on administrative dissolution. The Third District now… — full analysis with a trial
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