Supreme Court of Florida
Menendez v. Progressive Express Ins. Co., Inc., SC08-789
In plaintiff's action against her insurance company for its failure to pay personal injury protection (PIP) benefits after she was injured in an automobile accident, decision of a court of appeal reversing the trial court's judgment in favor of the plaintiff is reversed where, because a 2001 amendment creating the statutory presuit notice provisions constitutes a substantive change to the statute, it cannot be retroactively applied to insurance policies issued before the effective date of the amendment.
Appellate Information
- Decided 02/04/2010
- Published 02/04/2010
Judges
- PARIENTE, J.
Court
- Supreme Court of Florida
Counsel
- For Appellant:
- Robert C. Tilghman, P.A., Miami, FL, and Nathan E. Eden of Eden and Cates, P.L., Key West, FL, for Petitioners.
- For Appellees:
- Douglas H. Stein and Stephanie Martinez of Anania, Bandklayder, Baumgarten, Torricella and Stein, Miami, FL, for Respondent.