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CRUZ v. STATE FARM MUT. AUTO. INS. CO.

Docket No. 117505, Calendar No. 2.

648 N.W.2d 591 (2002)

466 Mich. 588

Peter CRUZ, Jr., Plaintiff-Appellee, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellant.

Supreme Court of Michigan.

Decided July 17, 2002.

Attorney(s) appearing for the Case

R. Kevin Thieme, (Robert J. Riley, of counsel), Grand Rapids, for the plaintiff-appellee.

Tolley, VandenBosch, Walton, Korolewicz & Brengle, P.C. (by Lawrence Korolewicz) Grand Rapids, and Gross, Nemeth & Silverman, P.L.C. (by James G. Gross and Mary T. Nemeth), Detroit, for the defendant-appellant.

Hewson & Van Hellemont, P.C. (by Jerald Van Hellemont), Warren, for amicus curiae the Michigan Chapter of the International Association of Special Investigation Units.

Opinion

TAYLOR, J.

We granted leave to appeal to consider whether the inclusion of an examination under oath (EUO) provision in an automobile no-fault insurance policy is permitted under the Michigan no-fault insurance act. MCL 500.3101 et seq. We hold that EUO provisions may be included in no-fault policies, but are only enforceable to the extent that they do not conflict with the statutory requirements of the no-fault act. Because the insurer in...

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