Ingham County Circuit Court; Docket No. 79-23767-CK; Unpublished
Judge Michael G. Harrison; _______
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Not Applicable
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In an Opinion from the bench, Ingham County Circuit Court Chief Judge Michael Harrison denied a defendant's motion for summary judgment regarding the plaintiff’s claims for mental anguish damages, exemplary damages and general tort damages arising out of nonpayment of no-fault benefits. The plaintiff alleged, among other things, that the failure of the no-fault carrier to pay no-fault benefits created a deterioration of the plaintiff’s physical condition and deterred his rehabilitation, all of which entitles plaintiff to recover for the physical injury and mental anguish associated with those unique damages. In addition, plaintiff alleged, pursuant to language in the recent Supreme Court decision in Kewin v Massachusetts Mutual, that in light of the fact that the obligation to pay no-fault benefits has its origin in statute, the defendant insurance company was liable in tort for a bad faith breach of the fiduciary duty to deal fairly and in good faith. Finally, plaintiff alleged that the defendant insurance company was liable in tort for exemplary damages for certain actions which constituted independent tortious conduct Judge Harrison ruled that the duty to pay no-fault benefits is a fiduciary duty and that the plaintiff had alleged causes of action which were cognizable under the No-Fault Act
