Ingham County Circuit Court; Docket No. 80-26196-CR; Unpublished
Judge James T. Kallman; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Calculation of Survivor’s Loss Benefits and Maximums [§3108(1)]
TOPICAL INDEXING:
Extra Contractual / Mental Anguish Damages
Fraud/Misrepresentation
CASE SUMMARY:
In this written Opinion, Judge Kallman made the following rulings. First, the judge ruled that the Supreme Court's decision in Miller v State Farm, item number 378, invalidating a personal consumption setoff in survivor's loss cases, should have retroactive application to all lawfully pending cases which raise the issue of the personal consumption factor setoff and to all cases filed after the date of the Miller decision.
Second, Judge Kallman ruled that exemplary damages for mental anguish are not recoverable as a result of a mere breach of a no-fault insurance contract.
Third, Judge Kallman ruled that the no-fault statute does not impose a fiduciary duty upon an insurance company, the breach of which creates a separately actionable tort. Fourth, the Court held that in order to maintain an action for fraud in a no-fault first party case, the elements of actionable fraud must be pled with particularity.
