Manuel v. Feijoo, M.D., P.A. A/A/O Elizabeth Taveras v. Progressive American Insurance Company
CourtDistrict Court of Appeal of Florida
Date FiledOctober 1, 2026
Docket3D2025-1049
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed October 1, 2026.
Not final until disposition of timely filed motion for rehearing.
________________
No. 3D25-1049
Lower Tribunal No. 21-2772-SP-25
________________
Manuel V. Feijoo, M.D., P.A., a/a/o Elizabeth Taveras,
Appellant,
vs.
Progressive American Insurance Company,
Appellee.
An Appeal from the County Court for Miami-Dade County, Gloria
Gonzalez-Meyer, Judge.
George David P.A., and George David and Christian Carrazana, for
appellant.
Banker Lopez Gassler P.A., and DeeAnn J. McLemore, and Tabitha
C. Blackwell (St. Petersburg), for appellee.
Before FERNANDEZ, GORDO and REBULL, JJ.
PER CURIAM.
Affirmed. See Infinity Auto Ins. Co. v. Miami Open MRI, LLC, 361 So.
3d 954, 956 (Fla. 3d DCA 2023) (“Moreover, because 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, prejudice is not an
element of Infinity Auto's affirmative defense to Miami Open's claim for
services taking place on June 18, 2015, and the trial court erred in requiring
otherwise.”); United Auto. Ins. Co. v. LFC Med. Ctr., Inc., 388 So. 3d 1124,
1125 (Fla. 3d DCA 2024) (“United put forward sufficient evidence that the
insured breached the policy by not attending the EUO . . . .”); Nunez v.
Universal Prop. & Cas. Ins. Co., 325 So. 3d 267, 275 (Fla. 3d DCA 2021)
(“Because the undisputed facts show that Nunez wholly failed to comply with
her post-loss obligation to attend an EUO, and likewise failed to offer
evidence of compliance or attempted compliance—or even a reasonable
justification for the failure to attend—the trial court properly directed a verdict
on whether Nunez materially breached the contract.”).
2