Supreme Court of Florida

In a hospital's suit against an insurance company for unpaid medical bills, judgment of the district court is quashed and remanded for reinstatement of the circuit court's decision where: 1) the district court relied on in apposite and distinguishable authority to incorrectly hold that an insured's attendance at a medical examination is a condition precedent to the existence of an auto insurance policy that provides personal injury protection (PIP) benefits and that, consequently, the insured rather than the insurer had the burden of proof on this issue; and 2) the evidence does not establish that the insurer proved its affirmative defense, and consequently, the insurer failed to establish that no material fact existed as to its affirmative defense.

Appellate Information

• Decided 11/04/2010
• Published 11/04/2010

Judges

• Per Curiam

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Marlene S. Reiss, Michael J. Neimand