Cruz v. State Farm Mutual Automobile Insurance

Plaintiff appeals as of right from the trial court’s order granting defendant’s motion for summary disposition pursuant to MCR 2.116(C)(10). We affirm in part and reverse in part.

On October 26, 1994, plaintiff was involved in an automobile accident. Plaintiff alleges that he was seriously injured when an uninsured motorist negligently struck his automobile. At the time of the accident, plaintiff was insured by defendant. Plaintiff’s policy included uninsured motorist coverage and the statutorily mandated first-party coverage. The policy also includes the following examination under oath (euo)…