PETER CRUZ, JR., Plaintiff-Appellee, v STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellant., 466 Mich. 588

Summary

The insured was injured in a car accident. The insured submitted a claim for both no-fault personal injury protection benefits and for uninsured motorist bodily injury benefits. Because the insurer had in its policy a provision that conditioned payment of benefits on the submission by the insured to an examination under oath (EUO), it declined to pay until the EUO was given. The insured refused, and the insurer denied the claims. The arbitrators found the insured did not breach the policy. The insured sued to enforce the arbitration decision, and the case was dismissed. The court of appeals reversed in part and affirmed in part. The insurer appealed. The supreme court held that the EUO provisions could be included in no-fault policies, but were only enforceable to the extent that they did not conflict with the statutory requirements of the Michigan no-fault insurance act, Mich. Comp. Laws § 500.3101 et seq. Because the insurer impermissibly sought to enforce the EUO as a condition ...