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NUNEZ v. GEICO GENERAL INS. CO.

No. 10-13183.

685 F.3d 1205 (2012)

Merly NUNEZ, a.k.a. Nunez Merly, Plaintiff-Appellant, v. GEICO GENERAL INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 3, 2012.

Attorney(s) appearing for the Case

Juan Carlos Montes , Lidsky & Montes Law Firm, PA, Hialeah, FL, for Plaintiff-Appellant.

Frank A. Zacherl, III , Douglas G. Brehm , Maria N. Vernace , Shutts & Bowen, LLP, Miami, FL, for Defendant-Appellee.

Jose E. Pagan , Allan Kopet & Associates, PLLC, Tallahassee, FL, Peter J. Valeta , Meckler Bulger Tilson Marick & Pearson, LLP, Chicago, IL, A. Hinda Klein , Shannon Patricia McKenna , Conroy Simberg Ganon Krevans Abel Lurvey Morrow & Schefer, PA, Hollywood, FL, for Mercury Ins. Co. of Florida, Allstate Ins. Co., Ocean Harbor Ins. Co., Amici Curiae.

Before DUBINA, Chief Judge, and FAY and KLEINFELD, Circuit Judges.

DUBINA, Chief Judge:

Merly Nuñez, a class representative, appeals the district court's dismissal of her complaint for failure to state a claim and its order denying her motion for reconsideration. Nuñez argues that examinations under oath ("EUOs") are impermissible conditions precedent to personal injury protection ("PIP") coverage under Florida law and the Florida No-Fault automobile insurance statute based on the Florida Supreme Court's decision in

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