Published: September 11, 2017

455 Companies, LLC alleges that Landmark American Insurance Company breached their property insurance contract by denying a claim resulting from water damage to 455 Companies’ property.  Landmark moved for partial summary judgment on multiple grounds, including on 455 Companies’ allegations of bad faith, arguing that these allegations fail to state a claim under Michigan law.  The court noted that Michigan courts have declined to recognize bad faith breach of an insurance contract as a separate tort independent of the contract claim, and that Michigan law does not allow punitive o

. . . . . .