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MENENDEZ v. PROGRESSIVE EXP. INS. CO., INC.

No. SC08-789.

35 So.3d 873 (2010)

Louis R. MENENDEZ, Jr., et al., Petitioners, v. PROGRESSIVE EXPRESS INSURANCE CO., INC., Respondent.

Supreme Court of Florida.

April 22, 2010.

Attorney(s) appearing for the Case

Robert C. Tilghman, P.A., Miami, FL, and Nathan E. Eden of Eden and Cates, P.L., Key West, FL, for Petitioners.

Douglas H. Stein and Stephanie Martinez of Anania, Bandklayder, Baumgarten, Torricella and Stein, Miami, FL, for Respondent.

REVISED OPINION

PARIENTE, J.

This case arose from the failure of Progressive Express Insurance Company (Progressive) to pay personal injury protection (PIP) benefits to its insured, Cathy Menendez, after she was injured in an automobile accident in June 2001. Because Progressive did not pay the benefits, the insured sued for overdue benefits. She was successful in her claim in the trial court, which eventually entered a judgment in her favor. On appeal...

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