Cruz v. State Farm Mutual Automobile Insurance

*603Weaver, J.

(concurring). I agree with the majority’s conclusion 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, and that in the present case, the insurer impermissibly sought to enforce the provisions as a condition precedent to the insurer’s duty to pay no-fault benefits.

I write separately to emphasize that this Court’s holding should not be construed as one that would permit insurers to avoid their duty to pay no-fault benefits by merely claiming in every case that an insured who refused an examination under oath has failed to supply reasonable proof.