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U.S. SEC. INS. CO. v. SILVA

No. 95-2215.

693 So.2d 593 (1997)

U.S. SECURITY INSURANCE COMPANY, Appellant, v. Floriselva SILVA, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 4, 1997.

Attorney(s) appearing for the Case

Michael Nuzzo, Miami; Kubicki Draper and David B. Pakula, Miami, for appellant.

Fernando F. Freire, Miami; and Barbara Green, Miami, for appellee.

Before NESBITT, GODERICH and SORONDO, JJ.

SORONDO, Judge.

The Appellant/Defendant, U.S. Security, and the Appellee/Plaintiff, Silva, agreed to a Final Judgment in the County Court in favor of Silva, based on stipulated facts. The County Court, also by stipulation, certified the following question as being one of great public importance:

WHEN A PIP INSURER'S LIABILITY FOR "SUBSEQUENT PERSONAL INJURY BENEFITS" IS DISCHARGED DUE TO THE INSURED'S FAILURE TO ATTEND AN INDEPENDENT MEDICAL EXAMINATION ...

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