Giampapa v. American Family Mutual Insurance Co.

specially concurring.

Because the majority approves the recovery of noneconomic damages for the willful and wanton breach of a contract, I write separately. The majority’s rule undermines the goals and purposes of contract law and conflates the important distinction between tort and contract law. I would disapprove of its future use and substitute a new rale for the recovery of noneconomic damages for a breach of contract claim. I would hold that noneconomic damages resulting from a breach of contract should be determined by a strict foreseeability test. Noneconomic damages should be available…