United Automobile Insurance Co. v. Garrido

CORTEÑAS, J.

United Automobile Insurance Company (“United”) appeals the county court’s summary judgment in favor of Eduardo Garri-do, (“Dr. Garrido”). The county court certified the following question as one of great public importance:

WHETHER EXPERT TESTIMONY BASED ON A PHYSICIAN’S REPORT THAT WAS NOT FIRST OBTAINED BY THE INSURER BEFORE PIP BENEFITS WERE WITHDRAWN OR DENIED IN VIOLATION OF THE STATUTORY PREDICATE UNDER § 627.736(7)(A), FLA. STAT. (2003) IS ADMISSIBLE TO SUPPORT AN INSURER’S LEGAL DEFENSE ON MEDICAL NECESSITY AND RELATEDNESS IN AN ACTION FOR PIP BENEFITS?

See Fla. R.App. P.…