Ingham County Circuit Court; Docket No. 79-23222-NI; Unpublished
Judge James T. Kallman; 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 Kallman held that a plaintiff is not entitled to damages for emotional distress flowing from the alleged breach of a no-fault insurance contract. The interest and attorney fee sections of the Act (§3142 and §3148) provide certain specific sanctions regarding the nonpayment of benefits. The statute is devoid of any language which provides for exemplary damages for emotional distress. In light of the fact that the statute is in derogation of the common law and should be strictly construed, no exemplary damages for emotional distress are recoverable for a breach of a no-fault insurance contract.