Wayne County Circuit Court; Docket No. 76-624-604-CK; Unpublished
Judge Charles Farmer; Ruling
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Not Applicable
TOPICAL INDEXING:
Extra Contractual / Mental Anguish Damages
CASE SUMMARY:
In a case which was litigated after the Supreme Court's decision in Kewin v Massachusetts Mutual (item number 338), Wayne County Circuit Judge Charles Farmer refused to strike a count seeking mental distress damages in a first party no-fault action where the plaintiff had alleged that the insurance company had violated its statutory duty to properly investigate a no-fault claim. Judge Farmer ruled that the Kewin decision was unclear as to how much tort language was necessary to sufficiently plead a tort which would no-fault damages from the mental distress damages, thus making it easier to separate damages in the event of an appeal. In addition, Judge Farmer awarded a one third attorney fee, six percent interest, and 12 percent interest on the overdue no-fault benefits, exclusive of the mental anguish award.