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NUNEZ v. GEICO GEN. INS. CO.

No. SC12-650.

117 So.3d 388 (2013)

Merly NUNEZ a/k/a Nunez Merly, Appellant, v. GEICO GENERAL INSURANCE COMPANY, Appellee.

Supreme Court of Florida.

June 27, 2013.

Attorney(s) appearing for the Case

Juan C. Montes of Lidsky & Montes, Attorneys at Law, P.A., Hialeah, FL, for Appellant.

Frank Z. Zacherl , Suzanne Youmans Labrit , and Jerel C. Dawson of Shutts & Bowen LLP, Tampa, FL, for Appellee.

Cynthia S. Tunnicliff and Gerald Don Nelson Bryant IV of Pennington, Moore, Wilkinson, Bell & Dunbar, P.A., Tallahassee, FL, for Amici Curiae Florida Justice Reform Institute, Florida Insurance Council, and Personal Insurance Federation of Florida.

Peter J. Valeta of Meckler Bulger Tilson Marick & Pearson LLP, Chicago, IL, for Amici Curiae Property Casualty Insurers Association of America and Allstate Insurance Company.

Marlene S. Reiss , Miami, FL, for Amicus Floridians for Fair Insurance, Inc.

PERRY, J.

This case is before the Court for review of a question of Florida law certified by the Eleventh Circuit Court of Appeals as being determinative of a cause pending in that court and for which there appears to be no controlling precedent. Specifically, the Eleventh Circuit asks "[w]hether, under FLA. STAT. § 627.736, an insurer can require an insured to attend an [examination under oath] as a condition precedent to recovery of [personal injury protection...

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