Butler v. Detroit Automobile Inter-Insurance Exchange

Plaintiff was injured on August 10, 1974, when she fell out of a moving automobile. In June, 1975, plaintiff filed a claim with defendant for benefits allegedly due under plaintiffs no-fault automobile insurance contract with defendant. After defendant failed either to admit or deny coverage on plaintiffs claim, plaintiff filed a complaint in circuit court seeking the withheld benefits, damages for breach of the insurance contract, attorney fees and interest. Thereafter, plaintiff amended the complaint to add a claim for mental distress.

Prior to the jury trial in the matter, defendant moved…