CRUZ v. STATE FARM MUT. AUTO. INS. CO., 464 Mich. 873 (2001)

630 N.W.2d 623

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

No. 117505.Supreme Court of Michigan.
June 27, 2001.

COA: 206120, Kent CC: 96-013314-NF.

On order of the Court, the application for leave to appeal from the May 16, 2000 decision of the Court of Appeals is considered, and it is GRANTED, limited to the issue whether examination under oath provisions in a no-fault policy are permitted by the no-fault act. The parties are instructed to address the difference between (1) employing an EUO provision and explaining in the policy that, while failure to comply is not alone a basis for denying benefits, a failure to comply may result in a denial of benefits on the ground of insufficient proof of the fact and of the amount of loss sustained, and (2) simply denying benefits on the sole basis of a failure to comply without any suggestion that there was a failure of proof.

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