(L-R) Third DCA Judges Kevin Emas, Edwin A. Scales, III, and Fleur J. Lobree. (Credit: J. Albert Diaz/Courtesy photo) Issue of Fact in Affidavit Sabotaged Provider's Case
"Here, United Auto sufficiently relied on the insured's own affidavit to show that a triable issue existed about the reasonableness of her excuse not to attend the second IME," the Third District Court of Appeal ruled, referring to an independent medical examination.
September 14, 2022 at 03:56 PM
4 minute read
Insurance Litigation
A Miami insurance litigator convinced Florida's Third District Court of Appeal to reverse and remand a ruling, He argued that in an affidavit the plaintiff did not have to file, a triable issue existed based on the underlying law and that a jury—not the trial judge—should determine the reasonableness of an insured's excuse.
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