Tomas v. U.S. Security Insurance Company, 9 Fla. L. Weekly Supp 21, 2001, 11th Jud. Cir.
Nov 06, 2001OUTCOME: Successfully reversed the lower court's granting summary judgment to insurer and obtained attorney fees pursuant to §627.736(8) & §627.428, Florida Statutes
Insurance -- Personal Injury Protection -- Error to enter summary judgment in favor of insurer in insured's action for PIP benefits on ground that insured unreasonably failed to attend independent medi ... cal examination where insurer waived defense of unreasonable refusal by rescheduling the IME -- Language in notice of second IME, stating that failure to attend second IME would cause insured's PIP benefits to be suspended as of date of prior appointment, did not negate waiver that ensued from rescheduling -- By rescheduling IME, insurer waives right to deny PIP benefits for refusal to attend IME irrespective of whether insured unreasonably failed to attend first IME
