Examination Under Oath / Independent
Medical Examination

Posted June 30, 2010
Examination Under Oath—        
Nuñez v. GEICO Gen. Ins. Co.,
22 FLW Fed D295a (S.D. Fla. Apr. 13, 2010)
Southern District Of Florid Dismisses Class Action Against Insurer, Confirms That EUO Is Condition Precedent To Obtaining PIP Coverage

Posted June 17, 2010
Examination Under Oath—        
Shaw, et. al. v. State Farm Fire and Casualty Co., et. al.,
35 FLW D1018 (Fla. 5th DCA, May 7, 2010)
En Banc Panel Of Fifth DCA Withdraws Earlier Determination That Medical Provider-Assignees Are Required To Submit To EUO - Concludes That Such Duties Under The Contract Are Not Included In the Assignment Of Contract Rights

Posted May 5, 2010
Independent Medical Examination—        
Prince v. Mallari,,
35 FLW D909 (Fla. 5th DCA Apr. 23, 2010)
Fifth DCA Reverses Order Allowing Defendant To Videotape CME Of Plaintiff

Posted March 2, 2010
Examination Under Oath—        
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)
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—        
Flagler Clinic Center, Corp., (a/a/o Ramon Gomez) v. State Farm Mutl Auto. Ins. Co., 17 Fla. L. Weekly Supp. 202a, (11th Cir. County Court, Dec. 10, 2009)
Miami-Dade County Court Refuses To Follow Third DCA Majority Opinion, Relies On Dissent To Find That Medical Provider Is Not Obligated To Attend EUO

Posted January 25, 2010
Independent Medical Exam—        
Maguire v. Pool Doctor of the Palm Beaches, Inc.,
35 FLW D10 (Fla. 4th DCA, Dec. 23, 2009)
Fourth DCA Quashes Circuit Court Order Compelling Production Of IME Video And Transcript To Defendant

Posted November 18, 2009
Independent Medical Exam—        
United Auto. Ins. Co. v. Comprehensive Health Center, Inc. (a/a/o Erla Telusnor), Case NO: 07-20457 CC 05(2), (11th Cir. Ct. Oct. 21, 2009)(no FLW Supp citation available at this time)
Miami Dade Circuit Court Reverses Summary Judgment In Favor Of Provider Where Insured Failed To Attend IME And Also Rules That Treating Physicians Should Not Receive Expert Witness Fees For Depositions