Merly Nunez v. Geico General Insurance Company

DUBINA, Circuit Judge:

Merly Nunez (“Nunez”), a class representative, appealed the district court’s dismissal of her complaint for failure to state a claim and its order denying her motion for reconsideration. Nunez argued 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 Medical Center v. United Automobile Insurance Co., 62 So.3d 1086, 1089 n. 1, 1091 (Fla.2010). Geico Insurance Company…