Kewin v. Massachusetts Mutual Life

Harland J. Kewin brought an action against Massachusetts Mutual Life Insurance Company for damages arising out of nonpayment of insurance benefits under a disability income protection policy. The plaintiff alleged that he suffered mental anguish as the result of the refusal of the insurer in bad faith to pay all of his claim and that he was entitled to "punitive" damages. A jury in Genesee Circuit Court, Donald R. Freeman, J., returned a verdict for the plaintiff which included $75,000 for mental or emotional distress and $50,000 for exemplary damages. The Court of Appeals, Danhof, C.J., and Allen and Heading, JJ., reversed as to the award for distress on the ground that the damages, although recoverable in an action for a breach in bad faith of an insurance contract, were not adequately pled, and that the exemplary damages were for the same distress (Docket No. 31474). The parties appeal. In an opinion by Justice Kavanagh, with Chief Justice Coleman and Justices Levin, Fitzgerald, Ryan, and Blair Moody, Jr., Concurring, the Supreme Court held :