Oakland County Circuit Court; Docket No. 78-170-911-CK; Unpublished
Judge Francis X. O'Brien; Written Order
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Not Applicable
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In a written order based upon an oral Opinion rendered from the bench, Judge Francis O'Brien held that under the Supreme Court's opinion in Kewin v Massachusetts Mutual (item number 338) a claim predicated upon a bad faith breach of a no-fault personal protection insurance contract does not state a claim upon which relief can be granted. Judge O'Brien ruled that "In light of Kewin, a personal protection insurance policy issued under [the No-Fault Act] is a commercial contract, and the Plaintiff’s Complaint's allegations relating to mental' distress, humiliation and embarrassment are stricken."