UNITED AUTO. INS. CO. v. AFO IMAGING

Case No. 5D20-2442.

323 So.3d 826 (2021)

UNITED AUTOMOBILE INSURANCE COMPANY, Appellant, v. AFO IMAGING d/b/a Advanced Diagnostic Group a/a/o Ruben Torres, Appellee.

District Court of Appeal of Florida, Fifth District.

Opinion filed July 2, 2021.


Attorney(s) appearing for the Case

Michael J. Neimand , Miami, for Appellant.

Eduardo Rodriguez and Brad Bader , of Pardy & Rodriguez, P.A., Orlando, for Appellee.


This case presents the issue of whether an insurer is barred from contesting a claim for personal injury protection ("PIP") benefits if the insurer fails to deny or pay a claim within the statutorily defined period for investigating a fraudulent insurance act. We conclude that although section 627.736(4)(b) and (i), Florida Statutes (2020...

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