Michigan Court of Appeals; Docket No. 100034; Unpublished
Judges Kelly, Gribbs, and Simon; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Not Applicable
TOPICAL INDEXING:
Extra Contractual / Mental Anguish Damages
CASE SUMMARY:
In this unanimous per curiam Opinion, the Court held that plaintiff had failed to properly plead the tort of intentional infliction of emotional distress arising out of defendant's failure to pay no-fault benefits. The Court stated that "extreme and outrageous conduct is the prime necessary element of the tort. An insurer's request for verification of claims does not establish this element. Even dilatory tactics which might constitute bad faith are not enough to support a claim for intentional infliction of emotional distress. To successfully maintain a claim based on this tort requires some tortious conduct apart from the breach of insurance contract....There is no separate actionable tort claimed here to support the conspiracy claim; likewise, there is no separate actionable tort of civil conspiracy to support the intentional infliction of emotional distress claim. Apart from the claim of conspiracy, plaintiff has failed to produce evidence that defendant did anything beyond the wrongful failure to pay benefits."
