United Automobile Insurance Company v. G & O Rehabilitation Center, Inc. (a/a/o Miredy Dieguez Moreno)
In a PIP suit brought by a provider as assignee, the Third DCA held the trial court erred in granting summary judgment against United Auto's IME no-show defense. The court held that State Farm v. Curran's prejudice requirement (a UM/CME case) does not apply to PIP IME attendance under section 627.736(7), which is a condition precedent to payment of subsequent benefits, and that the insured's affidavit (inability to find parking) created a triable issue on reasonableness rather than establishing reasonableness as a matter of law. The court affirmed, however, that the IME defense cannot defeat claims for benefits incurred and received before the missed IME.
Key facts
- United Automobile Insurance Company sought to deny PIP benefits based on the insured's failure to attend an independent medical examination (IME), claiming the non-attendance was an unreasonable refusal under section 627.736(7).
- The insured (Miredy Dieguez Moreno), through her provider assignee G & O Rehabilitation Center, brought suit for PIP benefits; the insured submitted an affidavit stating she could not find parking as the reason for missing the IME.
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Why it matters
This opinion gives PIP insurers a clear statement that Curran's prejudice analysis does not transfer from UM/CME provisions to section 627.736(7) IME no-show defenses, a recurring battleground in county-court PIP… — full analysis with a trial
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