Maxwell v. Fire Ins. Exchange

In Maxwell v. Fire Ins. Exchange (1998) 60 Cal.App.4th 1446, the appellate court stated: "Appellant's contentions with respect to the breach of contract cause of action require no discussion. It is not disputed that all sums due under the judgment, including interest, have been paid in full and appellant does not assert any damages other than emotional distress. It is axiomatic that such damages are not recoverable on a theory of breach of contract. " ( Id. at p. 1449.) Hence, without merit is Trapana's assertion that she may recover emotional distress damages on her breach of contract cause of action despite Prudential's payment of a sum equal to the face value of the Document's death benefits and to the amount of compensatory damages she sought under such cause of action, plus interest. (Ibid.)