Wayne County Circuit Court; Docket No. 77-721-346-CK; Unpublished
Judge Joseph A. Moynihan, Jr.
Official Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Not Applicable
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In an Opinion from the bench, Judge Moynihan granted partial summary judgment in favor of the no-fault first party carrier and dismissed plaintiff’s claims for punitive damages allegedly available for nonpayment of PIP benefits. The Court held that the statutory remedies providing for interest and attorney fees (§3142 and §3148 respectively of the no-fault statute) were the exclusive remedy for these kinds of claims and first party cases. In addition, the Court reasoned that insurance contracts for first party no-fault benefits do not constitute "personal contracts" but rather constitute commercial contracts, the breach of which does not give rise to punitive damages claims.
