Merly Nunez A/k/a Nunez Merly v. Geico General Insurance Company — Canady, J., Dissenting

Summary

Justice Canady, dissenting, argues that under Florida law an insurer may include an examination‑under‑oath provision in a personal injury protection (PIP) policy. He relies on section 627.414(3) of the Florida Statutes, contending that the provision is permissible additional content that is not prohibited or inconsistent with the insurance code. He criticizes the majority for ignoring that statutory provision and for relying on Custer and Flores, which do not address the issue. He would answer the certified question affirmatively.