Florida Case Law Update: County Court Finds Insurer Waived Defense Based On Failure To Attend EUO By Failing to Notify Insured Or Medical Provider Of This Defense Prior To Suit And That Patient, As Omnibus Insured was Not Obligated To Attend EUO Under the Policy

Posted March 2, 2010

Examination Under Oath

County Court Finds Insurer Waived Defense Based On Failure To Attend EUO By Failing to Notify Insured Or Medical Provider Of This Defense Prior To Suit And That Patient, As Omnibus Insured Was Not Obligated To Attend EUO Under the Policy

South Fla. Pain & Rehab, P.A., (a/a/o Kirt Godfrey) v. United Auto. Ins. Co., 17 Fla. L. Weekly Supp. 216a (17th Cir. County Court, Aug. 10, 2009)
Submitted by Dorothy Venable DiFiore

In a lengthy opinion, the county court ruled that United Auto had waived the defense of failure to comply with a condition precedent in regard to the claim. A review of the case suggests that the facts are somewhat unique and based on the specific actions taken in the case, as compared to a general policy. Though the court further found that the patient, who was not the named insured, was not obligated to attend the EUO under the policy, they failed to quote the pertinent policy language. For details of the conduct that purportedly waived this defense, see the full opinion linked HERE.

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