Macomb County Circuit Court; Docket No. 78-3733-CK; Unpublished
Judge Kenneth N. Sanborn; 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 relying on the Supreme Court's decision in Kewin v Massachusetts Mutual (item number 338), Judge Sanborn held that a plaintiff was not entitled to maintain an action for mental anguish damages for breach of a no-fault insurance contract In light of Kewin the judge held that no-fault contracts are not personal contracts, but are instead commercial in nature. Furthermore, the plaintiff in this case did not sufficiently plead "tortious conduct existing independent of the breach" thereby permitting an action to be maintained for exemplary damages.
