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Minnesota Legal Reference Library
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Insurance Law - Vehicle Accidents
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Alexander J. Braginsky, Et AL., Appellants, Vs. State Farm Mutual Automobile Insurance Company, Respondent. C3-00-1096, Court of Appeals Published, April 11, 2001.
by Minnesota Court of Appeals
(April 11, 2001)
(Minnesota State Law Library)
The no-fault act tort thresholds, which limit recovery of damages for noneconomic detriment, do not apply when an insured seeks to recover noneconomic damages under uninsured-motorist coverage for an accident between the insured's automobile and a negligent, uninsured motorcycle driver.
Am I entitled to receive benefits from the Minnesota Automobile Assigned Claims Bureau?
(Minnesota Automobile Assigned Claims Bureau)
Amco Insurance Company, a Subsidiary of Allied Group Insurance, Appellant, Vs. Jason P. Stout, Respondent, Andrew P. Pangrac, Et AL., Defendants. C6-98-2189, C6-98-2404, Court of Appeals Unpublished, September 14, 1999.
by Minnesota Court of Appeals
(September 14, 1999)
(Minnesota State Law Library)
insurance dispute concerning both no-fault and liability coverage
Amco Insurance Company, Respondent, Vs. Independent School District #622, Appellant. C3-00-2104, Court of Appeals Published, May 22, 2001.
by Minnesota Court of Appeals
(May 22, 2001)
(Minnesota State Law Library)
The personal no-fault insurer of a bicyclist who collided with a bus transporting children has priority over the school district to pay no-fault benefits to the injured bicyclist because a vehicle used to transport children to school is exempt from the superior priority level established for vehicles used in the business of transporting persons or property.
American Family Insurance Group, Petitioner, Appellant, vs. Mark Kiess, Respondent. A03-1764, Court of Appeals Published, June 1, 2004.
by Minnesota Court of Appeals
(June 1, 2004)
(Minnesota State Law Library)
jurisdictional claim limit for no-fault arbitration awards is calculated exclusive of any penalty interest
American Family Insurance Group, Petitioner, Respondent, Vs. Harold L. Schroedl, Appellant. C7-99-428, Court of Appeals Published, August 24, 1999.
by Minnesota Court of Appeals
(August 24, 1999)
(Minnesota State Law Library)
State statutes impose conflicting demands on No-Fault insurers: the insurer is compelled to provide income loss benefits; but the act requires the insurer to discount its premium and eliminate coverage for an insured senior citizen, respecting income "that the insured will not reasonably be expected to be able to receive." To resolve these conflicting mandates, the legislature has imposed on the insurer an ongoing "responsibility" to inquire regarding the income the older-insured is reasonably "expected to be able to receive."
American Family Insurance Group, Petitioner, Respondent, Vs. Joseph Udermann, Appellant. Cx-00-2214, Court of Appeals Published, July 17, 2001.
by Minnesota Court of Appeals
(July 17, 2001)
(Minnesota State Law Library)
When an insured is injured in a car accident in the course and scope of employment, a settlement between the insured and the workers' compensation carrier that compensates the insured for no-fault expenses and defeats the no-fault insurer's reimbursement rights precludes the insured from recovering no-fault expenses from the no-fault insurer.
Angela Marie Carolla, Respondent, Vs. American Family Mutual Insurance Company, Appellant. A03-0021, Court of Appeals Unpublished, September 9, 2003.
by Minnesota Court of Appeals
(September 9, 2003)
(Minnesota State Law Library)
disputes over losses subject to the no-fault arbitration process
Auto-Owners Insurance Company, Appellant, Vs. Ione Forstrom, Et AL., Defendants, Mark Anthony Heath, Et AL., Respondents, Pablo Ojeda-Napoles, Et AL., Respondents, Heather Tuckee, As Parent and Natural Guardian of Tanner Ray Heath, Respondent, Myron Weege
by Minnesota Court of Appeals
(Minnesota State Law Library)
Extrinsic evidence may be introduced to rebut the presumption of vehicle ownership that is established by the certificate of title only to avoid vicarious liability or to avoid responsibility under the no-fault act.
Auto-Owners Insurance Company, Respondent, vs. Great West Casualty, Appellant. A04-1591, Court of Appeals Published, May 10, 2005.
by Minnesota Court of Appeals
(May 10, 2005)
(Minnesota State Law Library)
If an insured is injured in an accident involving a stalled vehicle loaded on top of an automobile-transport trailer, the injury resulted from the "maintenance or use" of the stalled vehicle, and the insurer of the stalled vehicle is responsible for payment of no-fault insurance benefits to the insured. Reversed and remanded.
Barbara J. Simpson, Et AL., Appellants, Vs. American Family Insurance Company, a Member of the American Family Insurance Group, Madison, Wisconsin, Respondent. C9-99-964, Court of Appeals Published, January 4, 2000.
by Minnesota Court of Appeals
(January 4, 2000)
(Minnesota State Law Library)
A jury award for loss of future earning capacity must be exhausted before an insurer is required to provide no-fault benefits for actual income loss.
Brenda Picasso, Et AL., Respondents, Vs. Progressive Northern Insurance, Appellant. C8-02-465, Court of Appeals Unpublished, September 10, 2002.
by Minnesota Court of Appeals
(September 10, 2002)
(Minnesota State Law Library)
appeal from order confirming arbitrator's no-fault awards for respondents that included medical expenses for chiropractic treatment
Daniel J. Scheibel, Appellant, Vs. Illinois Farmers Insurance Company, An Illinois Corporation, Respondent. C1-98-2097, Court of Appeals Unpublished, June 15, 1999.
by Minnesota Court of Appeals
(June 15, 1999)
(Minnesota State Law Library)
no-fault benefits
Daniel J. Scheibel, Petitioner, Appellant, Vs. Illinois Farmers Insurance Company, An Illinois Corporation, Respondent. C1-98-2097, Supreme Court, July 27, 2000
by Minnesota Supreme Court
(July 27, 2000)
(Minnesota State Law Library)
no-fault automobile insurance policy applied to two automobile accidents that cumulatively cause injuries
Daniel J. Scheibel, Respondent, Vs. Illinois Farmers Insurance Company, An Illnois Corporation, Appellant. Cx-01-165, Court of Appeals Published, July 24, 2001.
by Minnesota Court of Appeals
(July 24, 2001)
(Minnesota State Law Library)
A no-fault arbitrator's findings are final and binding on the parties.
Elizabeth Chorske, Respondent, Vs. State Farm Insurance Companies, Appellant. C1-98-2231, Court of Appeals Unpublished, June 8, 1999.
by Minnesota Court of Appeals
(June 8, 1999)
(Minnesota State Law Library)
arbitrator's award of no-fault benefits
Ge Lee, Appellant, Vs. McWillie Hunt, Respondent. C9-01-1730, Court of Appeals Published, April 2, 2002.
by Minnesota Court of Appeals
(April 2, 2002)
(Minnesota State Law Library)
The ten-day deadline of the collateral source statute applies to motions brought under the Minnesota No-Fault Automobile Insurance Act for the deduction of collateral source benefits.
Gordon D. Rasmussen, Et AL., Appellants, Vs. Gayle K. Sauer, Defendant, Freeborn County, Intervenor, Respondent. C0-98-2365, Court of Appeals Published, July 20, 1999.
by Minnesota Court of Appeals
(July 20, 1999)
(Minnesota State Law Library)
Under Minn. Stat. §§ 65B.48, subd. 4, and 471.982, subd. 3 (1998), certain self-insurers are exempt from particular reporting requirements; they are not exempt from the UIM requirements of the No-Fault Act or the jurisdiction of the district court.
Great West Casualty Company, Petitioner, Respondent, Vs. State Farm Mutual Automobile Insurance Company, Appellant. C7-98-1679, Court of Appeals Published, April 6, 1999.
by Minnesota Court of Appeals
(April 6, 1999)
(Minnesota State Law Library)
A court may review the statutory interpretation decisions of an arbitrator regarding inter-company indemnity claims under the Minnesota No-Fault Automobile Insurance Act.
Herbert L. Carter, JR., Appellant, vs. Minnesota Automobile Assigned Claims Bureau, et al., Respondents. C6-97-1078, Court of Appeals Unpublished, December 23, 1997.
by Minnesota Court of Appeals, Forsberg, J.
(December 23, 1997)
(Minnesota State Law Library)
"Herbert Carter, an uninsured individual, was involved in an accident while driving a friend's uninsured car. Carter sought economic loss benefits from respondent Minnesota Automobile Assigned Claims Bureau (the bureau). The bureau denied Carter's claim, alleging that Carter had lived and functioned as a family with the friend whose uninsured car he was driving at the time of the accident.
Carter sued to recover his claimed economic loss benefits, and the district court granted summary judgment in favor of the bureau. Because the parties presented conflicting evidence on the issue of Carter's residence at the time of the accident, we reverse and remand."
Illinois Farmers Insurance Company, Et AL., Respondents, Vs. Glass Service Company, INC., Et AL., Appellants. A03-0109, Court of Appeals Published, September 30, 2003.
by Minnesota Court of Appeals
(September 30, 2003)
(Minnesota State Law Library)
An assignee of an insured whose claim is covered by no-fault insurance is subject to the mandatory arbitration provisions of the No-Fault Act.
In Re the Arbitration of Lisa Olson, Respondent, Vs. Auto-Owners Insurance Company, Appellant. Cx-02-1634, Court of Appeals Published, April 15, 2003.
by Minnesota Court of Appeals
(April 15, 2003)
(Minnesota State Law Library)
When a district court vacates and remands a no-fault arbitration award, the doctrines of collateral estoppel and res judicata are inapplicable.
In the Matter of the Arbitration Between Cristian Klinefelter, Respondent, vs. Crum and Forster Insurance Company, Appellant. A03-895, Court of Appeals Published, February 24, 2004.
by Minnesota Court of Appeals
(February 24, 2004)
(Minnesota State Law Library)
There is no authority that a no-fault insurer's coverage is conditioned on an opportunity to obtain reimbursement for benefits paid to the insured.
Jason J. Stout, Respondent, Vs. Amco Insurance Company, Appellant, Andrew Pangrac, Et AL., Defendants. Cx-01-246, Court of Appeals Published, August 21, 2001.
by Minnesota Court of Appeals
(August 21, 2001)
(Minnesota State Law Library)
A no-fault insurer that is primarily liable to pay medical-expense benefits must reimburse an injured party for the full amount of a medical bill that has been discounted as a result of a third-party's contractual agreement with medical-service providers.
Jason J. Stout, Respondent, vs. Amco Insurance Company, Petitioner, Appellant, Andrew Pangrac, Et AL., Defendants. Cx-01-246, Supreme Court, June 13, 2002.
by Minnesota Supreme Court
(June 13, 2002)
(Minnesota State Law Library)
Under Minnesota No-Fault Automobile Insurance Act, loss accrued by injured person is amount reflected on medical bills not amount paid by health insurer
Jennifer Gilder, Claimant, Respondent, Vs. Auto-Owners Insurance Company, Appellant. C4-02-1466, Court of Appeals Published, April 15, 2003.
by Minnesota Court of Appeals
(April 15, 2003)
(Minnesota State Law Library)
Under the Minnesota No-Fault Act, an arbitrator has authority to find facts and apply the law to those facts.
Joseph Williams Vs. League General Insurance Company Et Al. C6-99-758, Court of Appeals Unpublished, October 12, 1999.
by Minnesota Court of Appeals
(October 12, 1999)
(Minnesota State Law Library)
no-fault insurance claim with notice delayed by four-and-a-half years
Julie Ann Payzant A/k/a Julie Ann Staehli, Appellant, Vs. State Farm Mutual Automobile Insurance Company, Respondent. A04-2213, Court of Appeals Unpublished, June 21, 2005.
by Minnesota Court of Appeals
(June 21, 2005)
(Minnesota State Law Library)
Challenges conclusion that a settlement appellant entered into with her workers' compensation carrier precluded her recovery of no-fault benefits.
Kari Loven, Et AL., Appellants, Vs. City of Minneapolis, Et AL., Respondents, Federal Signal Corporation, Et AL., Defendants, and Kelsey Loven, a Minor, by Her Father and Natural Guardian, Kyle A. Loven, and Kyle A. Loven, Individually, Appellants, Vs. Ci
by Minnesota Court of Appeals
(Minnesota State Law Library)
A municipality's obligation to pay basic economic loss benefits under the no-fault insurance act is not limited by the municipal tort liability cap.
Kari Loven, Et AL., Respondents, vs. City of Minneapolis, Et AL., Petitioners, Appellants, Federal Signal Corporation, Et AL., Defendants, and Kelsey Loven, a Minor by Her Father and Natural Guardian, Kyle A. Loven, and Kyle A. Loven, Individually, Respon
by Minnesota Supreme Court
(Minnesota State Law Library)
municipal tort liability cap does not limit a self-insured municipality's obligation to pay basic economic loss benefits as a reparation obligor under the Minnesota No-Fault Automobile Insurance Act
Karyn Entzion, Appellant, vs. Illinois Farmers Insurance Company, An Illinois Corporation, Respondent. A03-742, Court of Appeals Published, March 23, 2004.
by Minnesota Court of Appeals
(March 23, 2004)
(Minnesota State Law Library)
The statute of limitations begins to run on an action for no-fault benefits when the cause of action accrues.
Leonard Olson, Et AL., on Behalf of Themselves and All Others Similarly Situated, Respondents, Vs. American Family Mutual Insurance Company, Appellant. Cx-01-974, Court of Appeals Published, December 11, 2001.
by Minnesota Court of Appeals
(December 11, 2001)
(Minnesota State Law Library)
mandatory arbitration of all claims for no-fault benefits under $10,000 does not require arbitration of claims for improperly charged or overpaid wage-loss coverage premiums
Marcia A. Kelly, Petitioner, Appellant, vs. State Farm Mutual Automobile Insurance Company, Respondent, C4-02-303 (minn. July 31, 2003)
by Minnesota Supreme Court
(July 31, 2003)
(Minnesota Supreme Court)
Under Minnesota's mandatory no-fault automobile insurance scheme, an insured's request that the insurer not defend or indemnify cannot be used to avoid intercompany arbitration under an arbitration agreement that expressly excludes noncooperation as a defense to coverage.
Reversed and remanded.
Mariah Pususta, Respondent, Vs. State Farm Insurance Companies, Petitioner, Appellant. C8-99-1068, Supreme Court, July 19, 2001.
by Minnesota Supreme Court
(July 19, 2001)
(Minnesota State Law Library)
No-fault arbitrator may determine whether medical expenses for which the claimant is seeking reimbursement from the no-fault carrier result from injuries that arise out of the use or maintenance of a motor vehicle.
Mark O. Ziegelmann, Et AL., Respondents, Vs. National Farmers Union Property and Casualty Companies, Appellant. A04-412, Court of Appeals Published, September 21, 2004.
by Minnesota Court of Appeals
(September 21, 2004)
(Minnesota State Law Library)
The principles set forth in Schmidt v. Clothier do not apply to nonresident UIM coverage because such coverage does not arise under Minnesota's no-fault act.
Mary Ann Karels, Appellant, Vs. State Farm Insurance Company, Respondent. C5-00-371, Court of Appeals Published, September 19, 2000.
by Minnesota Court of Appeals
(September 19, 2000)
(Minnesota State Law Library)
A no-fault arbitrator who applies the plain language of statutes and caselaw in determining the scope of his jurisdiction does not exceed his authority by impermissibly interpreting the law.
Mary Leek, Respondent, Vs. American Express Property Casualty, Appellant. C7-98-1911, Court of Appeals Published, April 6, 1999.
by Minnesota Court of Appeals
(April 6, 1999)
(Minnesota State Law Library)
Under Minn. R. No-Fault Arb. 38, a party seeking to initiate an action in district court to vacate a no-fault arbitration award must serve process pursuant to Minn. R. Civ. P. 4, unless the parties have agreed otherwise pursuant to Minn. Stat. § 572.23 (1998). Minn. R. No-Fault Arb. 29 does not apply to a post-arbitration application to district court.
Michael LaNasa, Claimant, Appellant, Vs. State Farm Mutual Automobile Insurance Company, Respondent. A04-1747, Court of Appeals Unpublished, June 7, 2005.
by Minnesota Court of Appeals
(June 7, 2005)
(Minnesota State Law Library)
moves to vacate a no-fault arbitration award
Michael Roquemore, Appellant, Vs. State Farm Mutual Automobile Insurance Company, Respondent. C8-99-1930, Court of Appeals Published, May 23, 2000.
by Minnesota Court of Appeals
(May 23, 2000)
(Minnesota State Law Library)
Under the doctrine of ejusdem generis, the loss of an athletic scholarship does not constitute a loss of income under the Minnesota No-Fault Insurance Act, Minn. Stat. § 65B.44, subd. 3 (1998).
Michelle Regenscheid, Claimant, Respondent, Vs. Farm Bureau Mutual Insurance Company, Appellant. Cx-01-862, Court of Appeals Published, December 4, 2001.
by Minnesota Court of Appeals
(December 4, 2001)
(Minnesota State Law Library)
When a party knows that the claim in a no-fault arbitration is
greater than the jurisdictional limit but proceeds with the arbitration without stating in writing an objection to considering a claim in excess of the jurisdictional limit, that party waives the right to that objection.
Mid-Century Insurance Company, An Illinois Corporation, Respondent, Vs. American Family Mutual Insurance CO., a Wisconsin Corporation, Appellant. C4-00-832, Court of Appeals Unpublished, October 3, 2000.
by Minnesota Court of Appeals
(October 3, 2000)
(Minnesota State Law Library)
to determine which no-fault carrier has priority to pay no-fault benefits
Minnesota Automobile Assigned Clams Bureau
"Provides PIP (personal injury protection) benefits to those who qualify but who, through no fault of their own, have no policy available to them.""
Minnesota Statutes Chapter
65B: Auto Insurance Policies; Minnesota
No-Fault Automobile Insurance Act
(Minnesota Revisor of Statutes)
Sections 65B.41 to 65B.71 may be cited as the "Minnesota
No-Fault Automobile Insurance Act."
Mutual Service Casualty Insurance Company, Appellant, Vs. League of Minnesota Cities Insurance Trust, Respondent. Cx-01-1929, Court of Appeals Published, June 26, 2002.
by Minnesota Court of Appeals
(June 26, 2002)
(Minnesota State Law Library)
A marked police patrol car is a "motor vehicle" for the purposes of the Minnesota No-Fault Automobile Insurance Act.
Mutual Service Casualty Insurance Company, Respondent, vs. League of Minnesota Cities Insurance Trust, Petitioner, Appellant. Cx-01-1929, Supreme Court, April 24, 2003.
by Minnesota Supreme Court
(April 24, 2003)
(Minnesota State Law Library)
A marked police patrol car is not a "motor vehicle" as defined by the Minnesota No-Fault Automobile Insurance Act.
Norwest Bank Minnesota, N.A., As Personal Representative of the Estates of Lisle Vickerman and Jean M. Vickerman, and Jessa Vickerman, Petitioners-Appellants, Vs. State Farm Mutual Automobile Insurance Company, Respondent. C4-97-2293, Supreme Court, Febru
by Minnesota Supreme Court
(Minnesota State Law Library)
Injuries arising from the accidental failure to turn off a motor vehicle's engine at the end of a trip resulted from the vehicle being used for transportation purposes and the Minnesota No-Fault Automobile Insurance Act applies.
Progressive Specialty Insurance Company, Appellant, Vs. Kelly June Widness, by and Through Her Parent and Natural Guardian, Sheila Widness, Respondent, Adonna Ermal Enyart, by and Through Her Parents and Natural Guardians, Gordon and Dixie Enyart, Respond
by Minnesota Court of Appeals
(Minnesota State Law Library)
An automobile policy that does not extend liability coverage to a resident relative operating a non-owned vehicle with permission is void under the no-fault act.
Progressive Specialty Insurance Company, Petitioner, Appellant, Vs. Kelly June Widness, by and Through Her Parent and Natural Guardian Shelia Widness, Respondent, Adonna Ermal Enyart, by and Through Her Parents and Natural Guardians, Gordon and Dixie Enya
by Minnesota Supreme Court
(Minnesota State Law Library)
Minnesota No-Fault Act does not require insurer to provide liability coverage for permissive use of nonowned vehicle by one who is resident relative of policy's named insured, but who is not named on policy
Robin VanLangen, Appellant, Vs. Western National Insurance Group, Respondent. C9-02-149, Court of Appeals Unpublished, July 23, 2002.
by Minnesota Court of Appeals
(July 23, 2002)
(Minnesota State Law Library)
Appellant alleges the district court erred in vacating the arbitrator's award of no-fault benefits. Reversed.
Ronda J. Mill, Plaintiff, vs. Farm Bureau Mutual Insurance Company, Respondent, Steven M. Lawson, et al., Defendants, Independent School District No. 535, Appellant. A05-302, Court of Appeals Unpublished, December 27, 2005.
by Minnesota Court of Appeals
(December 27, 2005)
(Minnesota State Law Library)
Appellant Independent School District No. 535 challenges the district court's order granting the insurer's motion for subrogation against the school district for the amount of no-fault benefits the insurer paid to its insured. Reversed.
Sharon Nelson, Appellant, Vs. American Family Insurance Group, Respondent. C4-01-226, Court of Appeals Published, August 28, 2001.
by Minnesota Court of Appeals
(August 28, 2001)
(Minnesota State Law Library)
When an individual recovers for a tort claim of past wage loss in an out-of-state trial before bringing a claim for no-fault wage-loss benefits in Minnesota, the no-fault insurer need not pay the subsequent claim if such payment would result in a double recovery to the individual.
Sheung Kwong, Petitioner, Appellant, Vs. Depositors Insurance Company, Respondent. C5-00-242, Supreme Court, May 24, 2001.
by Minnesota Supreme Court
(May 24, 2001)
(Minnesota State Law Library)
A clause in an automobile insurance contract that provides that an insurer will not be bound by any judgment for damages resulting from a suit between an insured and an uninsured motorist violates the policy underlying Minnesota's No-Fault Automobile Insurance Act.
State Farm Mutual Automobile Insurance Company, As a Servicing Agent of Minnesota Automobile Assigned Claims Bureau, Appellant, Shirley May Sayers, Individually and As Parent and Natural Guardian of Rosetta Agnes Roberts and Grandparent and Natural Guardi
by Minnesota Court of Appeals
(Minnesota State Law Library)
1. Provisions in the assigned claims plan that require an insurer to pay basic economic loss benefits apply to a claim for benefits that arises from a motor vehicle accident that occurred on the Red Lake Reservation and involved an uninsured motor vehicle that was licensed and registered under the laws of the Red Lake Reservation. 2. Under the assigned claims plan, the minor children of the owner of an uninsured automobile may obtain basic economic loss benefits for losses arising out of injury to the owner of the uninsured automobile.
State Farm Mutual Automobile Insurance Company, As a Servicing Agent of the Minnesota Automobile Assigned Claims Bureau, Respondent, Vs. Tennessee Farmers Mutual Insurance Company, Appellant. C3-01-1870, Court of Appeals Published, May 28, 2002.
by Minnesota Court of Appeals
(May 28, 2002)
(Minnesota State Law Library)
Minnesota courts have personal jurisdiction over a nonresident auto insurer in a claim for first-party benefits against the insurer arising out of a Minnesota accident, when the insurer has agreed, through its territory-of-coverage clause, to provide coverage for accidents occurring in the United States.
State Farm, As Insurer of Andrew Heberling, et al., Respondent, vs. Liberty Mutual Insurance Co., As Insurer of Tiller Corporation, D/b/a Barton Sand and Gravel CO., Appellant. A03-1205, Court of Appeals Published, May 4, 2004.
by Minnesota Court of Appeals
(May 4, 2004)
(Minnesota State Law Library)
A claim for indemnity when the no-fault insured dies, is subject to the six-year statute of limitations.
Tawfiq Khawaja, Respondent, Vs. State Farm Insurance Companies, Appellant. C9-00-1698, Court of Appeals Published, July 10, 2001.
by Minnesota Court of Appeals
(July 10, 2001)
(Minnesota State Law Library)
A no-fault insurer may not have its maximum medical-expense obligation reduced because of the existence of medical expenses that are attributable to a prior injury for which the insured had different (or separate) no-fault coverage.
Warren Lee Steinfeldt, Et AL., Appellants, Vs. Amco Insurance Company, Respondent. Cx-98-1952, Court of Appeals Published, May 4, 1999.
by Minnesota Court of Appeals
(May 4, 1999)
(Minnesota State Law Library)
An insured's injuries resulting from an attempt to provide assistance to victims of a motor vehicle accident on an adjacent roadway did not arise out of the maintenance or use of a motor vehicle as defined by Minnesota's no-fault insurance statute.
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