Geico General Insurance Co. v. Virtual Imaging Services, Inc.

I would answer the rephrased certified question in the affirmative, quash the decision on review, and disapprove DCI MRI, Inc. v. Geico Indemnity Co., 79 So.3d 840 (Fla. 4th DCA 2012); Geico Indemnity Co. v. Virtual Imaging Services, Inc. (Virtual I), 79 So.3d 55 (Fla. 3d DCA 2011); and Kingsway Amigo Insurance Co. v. Ocean Health, Inc., 63 So.3d 63 (Fla. 4th DCA 2011). Accordingly, I dissent.

The view adopted by the majority and the district courts rests on the interpretive fallacy that sections 627.736(5)(a)l and 627.736(5)(a)2, Florida Statutes (2008), respectively establish mutually…