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December 4, 2012
Merly Nunez v. GEICO General Insurance Co.
The 11th U.S. Circuit Court of Appeals has asked this Court whether Florida law allows an insurer to require that a policy holder show up to be questioned under oath about a claim in order to receive benefits due under a personal injury protection auto policy. The question arose in the course of a class-action lawsuit that Ms. Nunez filed against Geico in state court. Geico transferred the case to federal trial court, where it was dismissed. Ms. Nunez appealed to the 11th Circuit.