Minnesota Legislature
SF 1848
1st Engrossment - 90th Legislature (2017 - 2018) Posted on 11/09/2017 10:38am
Current Version - 1st Engrossment
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A bill for an act
relating to commerce; regulating no-fault auto benefits; requiring the deduction
of basic economic loss benefits previously provided; amending Minnesota Statutes
2016, sections 65B.44, subdivision 5; 65B.51, by adding a subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2016, section 65B.44, subdivision 5, is amended to read:
Subd. 5.
Replacement service and loss.
Replacement service loss benefits shall
reimburse all expenses reasonably incurred by or on behalf of the nonfatally injured person
in obtaining usual and necessary substitute services in lieu of those that, had the injured
person not been injured, the injured person would have performed not for income but for
direct personal benefit or for the benefit of the injured person's household; if the nonfatally
injured person normally, as a full time responsibility, provides care and maintenance of a
home with or without children, the benefit to be provided under this subdivision shall be
the reasonable value of such care and maintenance deleted text begin or the reasonable expenses incurred in
obtaining usual and necessary substitute care and maintenance of the home, whichever is
greaterdeleted text end new text begin actually providednew text end . These benefits shall be subject to a maximum of $200 per week.
All replacement services loss sustained on the date of injury and the first seven days thereafter
is excluded in calculating replacement services loss.
Sec. 2.
Minnesota Statutes 2016, section 65B.51, is amended by adding a subdivision to
read:
new text begin Subd. 1a. new text end
new text begin Deduction of basic economic loss benefits previously considered. new text end
new text begin
When a
claimant receives compensation for damages that include expenses paid or payable, or which
would be payable but for any applicable deductible, under sections 65B.41 to 65B.71,
whether through arbitration or court action and whether the alleged liability to compensate
the claimant arises from contract, tort, or otherwise, the claimant shall not be able to again
claim or collect those same expenses from any insurer obligated to provide basic economic
loss benefits to the claimant.
new text end