Supreme Court of Florida
Menendez v. Progressive Express Ins. Co., Inc., SC08-789
In an insured's suit against her insurer for overdue benefits for its failure to pay personal injury protection benefits after she was injured in an automobile accident, judgment of the Third District Court of Appeal's decision reversing the trial court's judgment in the insured's favor is quashed and remanded as, section 627.736(11) Florida Statutes (2001) does not apply retroactively to the insurance policy issued to the insureds because it is a substantive statute.
Appellate Information
- Decided 04/22/2010
- Published 04/22/2010
Judges
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.