Cruz v. State Farm Mutual Automobile Insurance

I agree with the majority’s holding that defendant cannot make payment of personal injury protection (pip) insurance benefits contingent on plaintiff submitting to an examination under oath (EUO). However, I respectfully disagree with its conclusion that an euo provision that complied with the requirements of the no-fault act1 would be permissible.

No example has been suggested of an euo that would not conflict with the goals and purposes of the act. Therefore, I conclude that an euo provision could not comply with the requirements of the no-fault act. I would affirm the Court of Appeals…