Learn more about Sinas Dramis

Injured? Contact us for a free consultation

   

Stokes v Farmers Insurance Exchange; (WCC-UNP, 10/1978; RB #188)

Print

Wayne County Circuit Court; Docket No. 76-632-700-CK; Unpublished   
Judge Roman S. Gribbs   
Official Reporter Citation: Not Applicable; Link to Opinion alt   


STATUTORY INDEXING:
Not Applicable

TOPICAL INDEXING:
Extra Contractual / Mental Anguish Damages   


CASE SUMMARY:
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.

Copyright © 2019 Sinas Dramis Law Firm, George Sinas, Stephen Sinas.
All Rights Reserved.
Login (Publishers Only)