St Clair County Circuit Court; Docket No. 9-119; Unpublished
Judge James T. Corden; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Not Applicable
TOPICAL INDEXING:
Extra Contractual / Mental Anguish Damages
CASE SUMMARY:
In a written Opinion, Judge Corden held that a complaint in a no-fault first party case alleging intentional interference with contractual rights stated a viable cause of action. The Court held that "the fiduciary duty of the insurer and the scope of authority of its employees are questions of fact" Judge Corden also held that the Supreme Court's opinion in Kewin v Massachusetts Mutual did not bar a separate tort count for intentional interference of mental distress nor for mental distress arising from "alleged acts of negligence." Finally, Judge Corden ruled that subsequent Court of Appeals decisions after the Kewin case would bar claims for mental distress damages arising from the simple breach of a commercial contract.