Merly Nuñez got into a serious car accident in September 2008. A Geico customer, she requested payment of her medical bills under her policy’s personal injury protection — or PIP — that is required for all Florida drivers to purchase.

But Geico refused to pay, saying Nuñez failed to attend a examination under oath as a pre-requisite. Now, a federal appeals court has asked the Florida Supreme Court to address whether she was required to submit to such an interrogation under the law at that time.