Macomb County Circuit Court; Docket No. 77-5101-CK; Unpublished
Judge John G. Roskopp; 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, Judge Roskopp denied the defendant insurance company's Motion for Summary Judgment on the plaintiff’s claim for exemplary damages for failure to pay no-fault benefits. The Court held that "the emerging rule is very clear that insurers may be extra contractually liable for willful failures to live up to their duties." This was particularly so where there is a substantial question of motive regarding the nonpayment of benefits.
