ARIAS v. AFFIRMATIVE INS. CO.

No. 4D05-4595.

944 So.2d 1195 (2006)

Jesus A. ARIAS, Appellant, v. AFFIRMATIVE INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Fourth District.

December 20, 2006.


Attorney(s) appearing for the Case

Allen R. Seaman of Law Offices of Allen R. Seaman & Associates, P.A., West Palm Beach, for appellant.

Alicia Lyons Laufer of Rubinton & Laufer, LLC, Hollywood, for appellee.


WARNER, J.

The trial court granted an ore tenus motion for judgment on the pleadings based upon the terms of the insurance policy on which appellant sought declaratory relief. Appellant claimed that under the policy he was not required to appear for an examination under oath for purposes of his PIP claim for benefits. The court construed the provisions against appellant's contention. Because we conclude that the policy did not require such an examination, we reverse...

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