UNITED AUTO. INS. v. GARRIDO, D.C., P.A.

No. 3D08-2745.

21 So.3d 112 (2009)

UNITED AUTOMOBILE INSURANCE COMPANY, Appellant, v. EDUARDO J. GARRIDO, D.C., P.A., a/a/o Joseph Alarcon, Appellee.

District Court of Appeal of Florida, Third District.

October 28, 2009.


Attorney(s) appearing for the Case

Michael J. Neimand, Miami, for appellant.

Panter, Panter, Sampedro and Christian Carrazana, Miami, for appellee.

Marlene Reiss, Miami, for Floridians for Fair Insurance, Inc., as amicus curiae.

Before COPE, WELLS, and CORTIÑAS, JJ.


CORTIÑAS, J.

United Automobile Insurance Company ("United") appeals the county court's summary judgment in favor of Eduardo Garrido, ("Dr. Garrido"). The county court certified the following question as one of great public importance:

WHETHER EXPERT TESTIMONY BASED ON A PHYSICIAN'S REPORT THAT WAS NOT FIRST OBTAINED BY THE INSURER BEFORE PIP BENEFITS WERE WITHDRAWN...

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