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LEWIS v. LIBERTY MUT. INS. CO.

No. 4D12-1554.

121 So.3d 1136 (2013)

Natalie LEWIS, Appellant, v. LIBERTY MUTUAL INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 17, 2013.

Attorney(s) appearing for the Case

Marlene S. Reiss of Law Offices of Marlene S. Reiss, P.A., Miami, for appellant.

Sharon C. Degnan of Kubicki Draper, Fort Lauderdale, for appellee.

WARNER, J.

The sole issue presented in this appeal is whether an examination under oath as a condition precedent to the payment of PIP benefits by an insurer is a valid policy provision, precluding recovery of benefits when the insured fails to attend an examination under oath ("EUO"). Nunez v. Geico General Insurance Company, 117 So.3d 388 (Fla.2013), held that a policy condition requiring an EUO was unreasonable and unnecessary...

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