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Judah had an automobile accident that was covered by his employer’s insurer, Nationwide. The accident took place in Florida, a PIP benefits state, and Judah was paid from those benefits.
Nationwide knew that Judah’s PIP benefits were exhausted and was preparing themselves for the Uninsured Motorists benefits Judah could claim under its policy. For this reason, Nationwide requested that he be examined under oath. He said No!
Nationwide continued its requests and Judah continued to say no. He then asked the courts to have Nationwide cease and desist, and to stop harassing him about submitting to such examination, especially since he had not even asked Nationwide for such benefits. Under the circumstances, he simply did not understand why he should submit to examination under oath.
The appeals court agreed with Nationwide.
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