MANUEL V. FEIJOO, M.D., P.A., ETC.
v.
PROGRESSIVE SELECT INSURANCE COMPANY
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Submission to an examination under oath is a condition precedent to receipt of PIP benefits under section 627.736(6)(g), and prejudice is not an element of the insurer's affirmative defense for non-compliance.
[1] Submission to an examination under oath is a condition precedent to receipt of personal injury protection benefits under Florida Statute section 627.736(6)(g), and an ins…
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Join FLexlaw to unlock all legal intelligence“submitting to an examination under oath is a condition precedent to receipt of PIP benefits under section 627.736(6)(g) and the policy at issue, [and thus,] prejudice is not an element of [insurer's] affirmative defense”
The court cited its prior decision in Manuel V. Feijoo, M.D., P.A. v. Progressive Am. Ins. Co. to establish that examination under oath is a condition precedent and prejudice is not required.
Manuel V. Feijoo, M.D., P.A. appealed a county court judgment in a dispute with Progressive Select Insurance Company regarding personal injury protect…
The full statement of facts, procedural history, and disposition for this case are member content.
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Third District Court of Appeal
State of Florida
Opinion filed October 22, 2026.
Not final until disposition of timely filed motion for rehearing.
No. 3D25-0339
Lower Tribunal No. 21-15525-SP-25 Manuel V. Feijoo, M.D., P.A., etc.,
Appellant,
VS.
Progressive Select Insurance Company, Appellee.
An Appeal from the County Court for Miami-Dade County, Jacqueline Woodward, Judge.
George A. David, P.A., and George A. David and Christian Carrazana, for appellant.
Banker Lopez Gassler P.A., and DeeAnn Julia McLemore (St. Petersburg) and Eleanor Hadden Sills (Tallahassee), for appellee. Before FERNANDEZ, GORDO, and REBULL, JJ.
PER CURIAM.
Affirmed. See 951 Harbor Drive, LLC v. SD Constr., LLC, 394 So. 3d 690, 695 (Fla. 3d DCA 2024) (although "a summary final judgment cannot be based upon a defense raised in the summary judgment motion that has not been previously asserted in the answer,” the affirmative defense is properly pled when it “includes ultimate facts sufficient to provide notice of the proof the defendant intends to rely upon to defeat the plaintiff's claim." (citations omitted)); Manuel V. Feijoo, M.D., P.A. v. Progressive Am. Ins. Co., 51 Fla. L. Weekly D1773 *1 (Fla. 3d DCA Aug. 27, 2026) (“submitting to an examination under oath is a condition precedent to receipt of PIP benefits under section 627.736(6)(g) and the policy at issue, [and thus,] prejudice is not an element of [insurer's] affirmative defense . . . ." (citing Infinity Auto Ins. Co. v. Miami Open MRI, LLC, 361 So. 3d 954, 956 (Fla. 3d DCA 2023))). See also § 627.736(6)(g), Fla. Stat. (2025); Miracle Health Servs., Inc. v. Progressive Select Ins. Co., 326 So. 3d 109, 114-15 (Fla. 3d DCA 2021) ("The plain language of section 627.736(6)(g) and Progressive's policy clearly and unambiguously require compliance with the policy provision of submitting to an examination under oath as a condition precedent to receiving PIP benefits.").1
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Citator
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- People's Tr. Ins. Co. v. Socarras, 276 So. 3d 905 (Fla. 3d DCA 2020)
- Miracle Health Servs., Inc. v. Progressive Select Ins. Co., 326 So. 3d 109 (Fla. 3d DCA 2021)
- Infinity Auto Ins. Co. v. Miami Open MRI, LLC, 361 So. 3d 954 (Fla. 3d DCA 2023)