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UNIVERSAL MEDICAL CENTER OF SOUTH FLORIDA v. FORTUNE INS. CO.

No. 3D98-3294.

761 So.2d 386 (2000)

UNIVERSAL MEDICAL CENTER OF SOUTH FLORIDA, a Florida corporation, and Advanced Diagnostic Testing, Inc., Appellants, v. FORTUNE INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 12, 2000.

Attorney(s) appearing for the Case

Jay M. Levy, Miami; Robert L. Gardana, Miami, for appellants.

Diane H. Tutt, Plantation, for appellee.

Before GERSTEN, GODERICH and SHEVIN, JJ.

SHEVIN, Judge.

Universal Medical Center of South Florida and Advanced Diagnostic Testing, Inc., assignees of an insured's personal injury protection [PIP] benefits, appeal a final judgment in favor of Fortune Insurance Co. We reverse.

Assignees sought payment from Fortune for its insured's medical expenses. Fortune refused to pay the benefits asserting that the insured breached the policy by unreasonably refusing to submit to an independent medical examination...

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