PONDERS v. FORTUNE INS. CO.

No. 90-1561.

578 So.2d 1129 (1991)

Berineth PONDERS, Appellant, v. FORTUNE INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Granted, Opinion Modified May 7, 1991.


Attorney(s) appearing for the Case

Jon May, Arthur Morburger, Miami, for appellant.

Adorno & Zeder, William S. Berk and Raoul G. Cantero, III, Coconut Grove, for appellee.

Before HUBBART, COPE and GODERICH, JJ.


PER CURIAM.

Assuming, without deciding, that the insured Berineth Ponders unreasonably refused to submit to an examination by a chiropractor scheduled by the agent of her insurer Fortune Insurance Company on January 4, 1990, a matter concerning which we have grave doubt — we nonetheless conclude that Fortune was not entitled to deny PIP benefits to the insured under Section 627.736(7)(b), Fla. Stat. (1989) based on this refusal. We reach this result because...

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