On questions of unsettled Florida law certified by a federal appellate court, the Florida Supreme Court was asked to decide whether an insurer can require an insured to attend an examination under oath (an “EUO”) as a condition precedent to recovery of personal injury protection (“PIP”) benefits. The Florida Justice Reform Institute wrote an amicus brief arguing that the legislative history of section 627.736, Florida Statutes, evinced a clear intent to permit insurers to require just that. The Florida Supreme Court held that EUO conditions are invalid under the law that existed prior to January 1, 2013, but acknowledged that the statute had been amended to allow insurers to require EUOs as a prerequisite to receiving PIP benefits going forward.
FJRI represented by Cynthia S. Tunnicliff and Gerald Don Nelson Bryant IV of Pennington, Moore, Wilkinson, Bell, and Dunbar, P.A.