Merly Nunez v. Geico General Insurance Company

DUBINA, Chief Judge:

Merly Núñez, a class representative, appeals the district court’s dismissal of her complaint for failure to state a claim and its order denying her motion for reconsideration. Núñez argues that examinations under oath (“EUOs”) are impermissible conditions precedent to personal injury protection (“PIP”) coverage under Florida law and the Florida No-Fault automobile insurance statute based on the Florida Supreme Court’s decision in Custer Med. Ctr. v. United Auto. Ins. Co., 62 So.3d 1086, 1089 n. 1, 1091 (Fla.2010) (per curiam). Geico Insurance Company insists that any…