In an action for breach of an obligation or duty arising from contract, recovery is prohibited for emotional or mental distress, except in those actions involving actual physical injury to the plaintiff. Emotional or mental distress, as used in this section, includes mental anguish or suffering, sorrow, grief, fright, shame, embarrassment, humiliation, anger, chagrin, disappointment, or worry.
Mont. Code Ann. § 27-1-310
Damages for emotional or mental distress prohibited in contract actions -- exception
Applied in 2 court decisions — leading case Giampapa v. American Family Mutual Insurance Co. (2003)
Most recently applied in Giampapa v. American Family Mutual Insurance Co. (February 2003)
En
Official source: Montana Code Annotated (Montana Legislature). Reproduced from public-domain Montana statutes; confirm against the official source for the current text. Not legal advice.