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.
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