language to be deleted (2) new language
Laws of Minnesota 1990 CHAPTER 399-H.F.No. 2637 An act relating to insurance; clarifying the law prohibiting insurers from maintaining subrogation actions against insureds; amending Minnesota Statutes 1989 Supplement, section 60A.41. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1989 Supplement, section 60A.41, is amended to read: 60A.41 [SUBROGATION AGAINST INSUREDS PROHIBITED.] (a) An insurance company providing insurance coverage or
a company providing reinsuranceits reinsurer for that insurance company for theunderlying insurance coverage may not proceed against its insured in a subrogation action where the loss was caused by the nonintentional acts of the insured. (b) An insurance company providing insurance coverage or a company providing reinsuranceits reinsurer for thethat underlying insurance coverage may not subrogate itself to the rights of its insured to proceed against another person if that other person is insured for the same loss being subrogated, by the same company to recover a. This provision applies only if the loss was caused by the nonintentional acts of that insuredthe person against whom subrogation is sought. (c) This provision does not apply to or affect claims of a surety against its principal. (d) Nothing in this section prevents an insurer from allocating the loss internally to the at-fault insured for purposes of underwriting, agency, and claims information. Presented to the governor April 2, 1990 Signed by the governor April 5, 1990, 3:49 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes