Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                         CHAPTER 58-S.F.No. 361 
           An act relating to insurance; no-fault auto; 
          clarifying eligibility for economic loss benefits; 
          amending Minnesota Statutes 1988, sections 65B.51, 
          subdivision 2; and 65B.64, subdivisions 2 and 3.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1988, section 65B.51, 
subdivision 2, is amended to read: 
    Subd. 2.  [RIGHT TO RECOVER ECONOMIC LOSS NOT INCLUDED 
COVERED IN FIRST PARTY BENEFITS.] A person may bring a 
negligence action for economic loss not paid or payable by a 
reparation obligor or through the assigned claims plan because 
of any lack of insurance coverage for the economic loss 
described in section 65B.44, daily or weekly dollar limitations 
of section 65B.44, the seven-day services exclusion of section 
65B.44, the limitations of benefits contained in section 65B.44, 
subdivision 1, or an exclusion from coverage by sections 65B.58 
to 65B.60. 
    Sec. 2.  Minnesota Statutes 1988, section 65B.64, 
subdivision 2, is amended to read: 
    Subd. 2.  If a claim qualifies for assignment under 
subdivision 1, the assigned claims bureau or any reparation 
obligor to whom the claim is assigned shall be, as provided in 
section 65B.53, have the right to seek indemnification from an 
uninsured tortfeasor.  Except as otherwise provided in section 
340A.801, subdivision 4, the reparation obligor to whom the 
claim is assigned shall further be subrogated to all of the 
rights of the claimant against any person, including another 
obligor, who is legally obligated to provide economic loss 
benefits to the claimant, for economic loss benefits provided by 
the obligor to whom the claim was assigned. 
    Sec. 3.  Minnesota Statutes 1988, section 65B.64, 
subdivision 3, is amended to read: 
    Subd. 3.  A person shall not be entitled to basic economic 
loss benefits through the assigned claims plan with respect to 
injury which was sustained if at the time of such injury the 
injured person was the owner of a private passenger motor 
vehicle for which security is required under sections 65B.41 to 
65B.71 and that person failed to have such security in effect. 
Members of the owner's household Persons, other than minor 
children whether or not related by blood or marriage, who dwell 
and function together with the owner as a family, other than 
adults who have been adjudicated as incompetent and minor 
children, shall also be disqualified from benefits through the 
assigned claims plan. 
    Presented to the governor April 25, 1989 
    Signed by the governor April 26, 1989, 6:18 p.m.