Crawford County Circuit Court; Docket No. 80-004-435 CK; Unpublished
Circuit Judge William A. Porter; 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, Circuit Judge William Porter held that prior appellate case law had established that a no-fault contract is commercial in nature as a matter of law. Therefore, the intentional breach of a commercial contract with the intent or knowledge that such breach would inflict injury cannot be the basis for a tort claim of intentional infliction of physical and emotional distress. Therefore, such a claim was properly dismissed. In addition, with regard to the Kewin decision, Judge Porter noted that the plaintiff had not alleged the breach of any duty existing independent of and apart from the contractual undertaking which would constitute a separately actionable tort. Thus, no claim for mental anguish damages was properly pled under the Kewin decision. Finally, Judge Porter held that there is "no discernible legislative intent in the No-Fault Act to give an insured a right to anything other than 12 percent interest and/or attorney fees in the event of a violation of one of its sections." This further negates the proposition that the legislature intended to create an independent tort action solely predicated on a violation of the No-Fault Act.
