Minnesota Session Laws - 1990, Regular Session

  

                         Laws of Minnesota 1990 

                        CHAPTER 456-S.F.No. 2068 
           An act relating to insurance; no-fault auto; 
          clarifying eligibility for economic loss benefits; 
          amending Minnesota Statutes 1988, section 65B.64, 
          subdivision 1; and Minnesota Statutes 1989 Supplement, 
          section 65B.64, subdivision 3. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1988, section 65B.64, 
subdivision 1, is amended to read: 
    Subdivision 1.  A person entitled to basic economic loss 
benefits because of injury covered by sections 65B.41 to 65B.71 
may obtain basic economic loss benefits through the assigned 
claims plan or bureau established pursuant to section 65B.63 and 
in accordance with the provisions for making assigned claims 
provided in sections 65B.41 to 65B.71, if:  
    (a) The person is 14 years old or younger and basic 
economic loss benefits are not applicable to the injury because 
of section 65B.58; 
    (b) Basic economic loss benefits are not applicable to the 
injury for some reason other than those specified in section 
65B.58, 65B.59, or 65B.60; 
    (c) The plan of reparation security applicable to the 
injury cannot be identified; or 
    (d) A claim for basic economic loss benefits is rejected by 
a reparation obligor on some ground other than the person is not 
entitled to basic economic loss benefits under sections 65B.41 
to 65B.71. 
    In addition to the requirements for eligibility contained 
in section 65B.48, a nonresident is not entitled to basic 
economic loss benefits if the nonresident is the owner of a 
motor vehicle and does not carry the minimum automobile 
insurance coverage required by the state in which the vehicle is 
registered. 
    Sec. 2.  Minnesota Statutes 1989 Supplement, 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. 
Persons, 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. 
    For purposes of determining whether security is required 
under section 65B.48, an owner of any vehicle is deemed to have 
contemplated the operation or use of the vehicle at all times 
unless the owner demonstrates to the contrary. 
    Presented to the governor April 12, 1990 
    Signed by the governor April 16, 1990, 4:20 p.m.