54-A District Court; Docket No. 71-381; ____________
Judge Charles F. Filice
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 Charles Filice held that a plaintiff in a first party no-fault action was entitled to seek recovery for mental anguish, emotional distress and exemplary damages caused by the failure or refusal of the defendant insurance company to pay no-fault benefits. Judge Filice held that under the authority of Kewin v Massachusetts Mutual, 79 Mich App 639 (1977) and Stewart v Rudner, 349 Mich 459 (1957) no-fault insurance contracts are contracts which involve mental concern and solicitude and, as such, the right to recover for these kinds of damages extends to such contracts.