Otsego County Circuit Court; Docket No. 74-002-128-NO; Unpublished
Judge William A. Porter
Official 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 no-fault first party insurance contracts are contracts which involve "matters of mental concern and solicitude" and as such, plaintiff would be entitled to make a claim for "mental damages" for breach of such contracts. Judge Porter noted that no-fault insurance contracts are arguably more involved with matters of mental concern and solicitude than other types of insurance inasmuch as the purpose of the no-fault statute was to lessen the "tragic social and economic consequences that often accompany automobile mishaps." Accordingly, claims for mental anguish damages for breaches of such contracts should be permitted.
