A Miami insurance litigator convinced Florida’s Third District Court of Appeal to reverse and remand a ruling, He argued that in an affidavit the plaintiff did not have to file, a triable issue existed based on the underlying law and that a jury—not the trial judge—should determine the reasonableness of an insured’s excuse.

Michael J. Neimand, an attorney for defendant United Automobile Insurance Co., challenged Miami-Dade County Judge Lawrence D. King’s entry of summary judgment in favor of the plaintiff, provider G&O Rehabilitation Center Inc.

Third District Court of Appeal in Miami, FL. (Credit: Candace West) Third District Court of Appeal in Miami, FL. (Credit: Candace West)