Wayne County Circuit Court; Docket No. 76-632-700-CK; Unpublished
Judge Roman S. Gribbs
Official Reporter Citation: Not Applicable; Link to Opinion
Extra Contractual / Mental Anguish Damages
Judge Gribbs held that a first party no-fault insurance contract should be characterized as involving matters of "mental concern and solicitude" and not a mere commercial contract. Accordingly, a no-fault first party insurance carrier can be held liable for damages due to mental anguish for unjustly withholding no-fault benefits.
In this particular case, the plaintiffs fell behind in their bills and financial obligations due to the stoppage of first party no-fault benefits and accordingly, alleged that they incurred emotional distress and mental anguish as a result of the wrongful withholding of these benefits. Plaintiff also sought exemplary damages for mental distress.