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NUNEZ v. GEICO GENERAL INS. CO.

No. 10-13183.

726 F.3d 1231 (2013)

Merly NUNEZ, a.k.a. Nunez Merly, Plaintiff-Appellant, v. GEICO GENERAL INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 8, 2013.

Attorney(s) appearing for the Case

Juan Carlos Montes , Lidsky & Montes Law Firm, PA, Hialeah, FL, for Plaintiff-Appellant.

Frank A. Zacherl , III, Douglas G. Brehm , Maria N. Vernace , Shutts & Bowen, LLP, Miami, FL, Jose E. Pagan , Allen Kopet & Associates, PLLC, Tallahassee, FL, Peter J. Valeta , Meckler Bulger Tilson Marick & Pearson, LLP, Chicago, IL, A. Hinda Klein , Conroy Simberg Ganon Krevans Abel Lurvey Morrow & Schefer, PA, Hollywood, FL, Shannon Patricia McKenna , Weston, FL, for Defendant-Appellee.

Before DUBINA, FAY and KLEINFELD, Circuit Judges.

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...

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