MANUEL FEIJOO v. PROGRESSIVE SELECT INSURANCE COMPANY (2026)

Affirmed. See 951 Harbor Drive, LLC v. SD Constr., LLC, 394 So. 3d 690, 695 (Fla. 3d DCA 2024) (although “ ‘a summary final judgment cannot be based upon a defense raised in the summary judgment motion that has not been previously asserted in the answer,’ ” the affirmative defense is properly pled when it “ ‘includes ultimate facts sufficient to provide notice of the proof the defendant intends to rely upon to defeat the plaintiff's claim.’ ” (citations omitted)); Manuel V. Feijoo, M.D., P.A. v. Progressive Am. Ins. Co., 51 Fla. L. Weekly D1773 *1 (Fla. 3d DCA Aug. 27, 2026) (“submitting to an examination under oath is a condition precedent to receipt of PIP benefits under section 627.736(6)(g) and the policy at issue, [and thus,] prejudice is not an element of [insurer's] affirmative defense ․” (citing Infinity Auto Ins. Co. v. Miami Open MRI, LLC, 361 So. 3d 954, 956 (Fla. 3d DCA 2023))). See also § 627.736(6)(g), Fla. Stat. (2025); Miracle Health Servs., Inc. v. Progressive Select Ins. Co., 326 So. 3d 109, 114-15 (Fla. 3d DCA 2021) (“The plain language of section 627.736(6)(g) and Progressive's policy clearly and unambiguously require compliance with the policy provision of submitting to an examination under oath as a condition precedent to receiving PIP benefits.”).¹

FOOTNOTES

1.   We decline Appellant's invitation to recede from our prior precedent in American Integrity Ins. Co. v. Estrada, 276 So. 3d 905, 914 (Fla. 3d DCA 2019).

PER CURIAM.