2005 Minnesota Statutes

     65B.63 Assigned claims plan. 

    Subdivision 1.    Requirement.  Reparation obligors providing 
 basic 
 economic loss insurance in this state shall organize and 
 maintain, subject to approval and regulation by the 
 commissioner, an assigned claims bureau and an assigned claims 
 plan, and adopt rules for their operation and for the assessment 
 of costs on a fair and equitable basis consistent with sections 
 65B.41 to 65B.71.  The assigned claims bureau shall be managed 
 by a governing committee made up of four individuals selected by 
 the insurer members, one individual selected by the self-insurer 
 members, and two public members appointed by the governor to 
 two-year terms.  Public members may include licensed insurance 
 agents.  If such obligors do not organize and continuously 
 maintain an assigned claims bureau and an assigned claims plan 
 in a manner considered by the commissioner of commerce to be 
 consistent with sections 65B.41 to 65B.71, the commissioner 
 shall organize and maintain an assigned claims bureau and an 
 assigned claims plan.  Each reparation obligor providing basic 
 economic loss insurance in this state shall participate in the 
 assigned claims bureau and the assigned claims plan.  Costs 
 incurred shall be allocated fairly and equitably among the 
 reparation obligors. 

    A ruling, action, or decision of the governing committee 
 may be appealed to the commissioner within 30 days.  A final 
 action or order of the commissioner is subject to judicial 
 review in the manner provided by chapter 14.  In lieu of an 
 appeal to the commissioner, judicial review of the governing 
 committee's ruling, action, or decision may be sought. 

    Subd. 2.    Assignment of claims.  The assigned claims bureau 
 shall promptly assign 
 each claim and notify the claimant of the identity and address 
 of the assignee-obligor of the claim.  Claims shall be assigned 
 so as to minimize inconvenience to claimants.  The assignee 
 thereafter has rights and obligations as if the assignee had 
 issued a policy of basic economic loss insurance complying with 
 sections 65B.41 to 65B.71 applicable to the injury or, in case 
 of financial inability of a reparation obligor to perform its 
 obligations, as if the assignee had written the applicable 
 reparation insurance, undertaken the self-insurance, or lawfully 
 obligated itself to pay basic economic loss benefits. 

    HIST: 1974 c 408 s 23; 1978 c 674 s 57; 1983 c 289 s 114 subd 
 1; 1984 c 655 art 1 s 92; 1Sp1985 c 10 s 69; 1986 c 444; 1987 c 
 337 s 109