In Nunez v. Geico Gen. Ins. Co., No. SC12-650 (Fla. 2013), the Florida Supreme Court considered the question of whether an insurer can require an insured to attend an examination under oath (EUO) as a condition precedent to PIP coverage. The Court held that an insurer could not require an insured to attend an EUO ( examination under oath ) as a condition precedent to PIP coverage. The decision mirrored the decision in Custer Medical Center v. United Automobile Ins. Co., 62 So.3d 1086 (Fla. 2010)(holding that an insurer could not require attendance at an independent medical examination (IME) as a condition precedent to PIP coverage.
It is important to note that Nunez considered an insurance policy entered into under the old PIP statute, which did not mention attendance at an EUO. The 2013 PIP changes explicitly state that an insured, seeking benefits, including an omnibus insured, must comply with the terms of the policy, which include, submitting to an examination under oath. Thus, Nunez, will more than likely not be applicable to any insurance policies entered into after January 1, 2013.
We recommend that all medical providers review their old files to see if any claims were denied as a result of the non-cooperation of the insured.
by Lyle B. Masnikoff, Esq.
Law Offices of Lyle B. Masnikoff & Associates, P.A.
1645 Palm Beach Lakes Blvd., Suite 550
West Palm Beach, FL 33401