Balderrama v. Milbank Mutual Insurance Co.

324 N.W.2d 355, 1982 Minn. LEXIS 1775
CourtSupreme Court of Minnesota
DecidedSeptember 24, 1982
Docket82-148
StatusPublished
Cited by14 cases

This text of 324 N.W.2d 355 (Balderrama v. Milbank Mutual Insurance Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Balderrama v. Milbank Mutual Insurance Co., 324 N.W.2d 355, 1982 Minn. LEXIS 1775 (Mich. 1982).

Opinions

PETERSON, Justice.

Plaintiff Jaime Balderrama claims a right to basic economic loss benefits under the priorities provision of the Minnesota No-Fault Automobile Insurance Act (the Act), Minn.Stat. § 65B.47 (1980). The district court denied the claim, granting the motion of defendant Milbank Mutual Insurance Company (Milbank) for summary judgment. Balderrama appeals from this order. Two issues arise: (1) whether Balderrama’s prior settlement of disability claims precludes a claim for statutory basic economic loss benefits; and (2) whether Balderrama was the “driver or other occupant” of his vehicle within the meaning of section 65B.47, subd. 4(c). We affirm the district court’s order for summary judgment.

[356]*356The facts in this case are stipulated. On June 8, 1979, Balderrama was traveling on Interstate Highway No. 94 when his vehicle ran out of gasoline on the bridge crossing the Mississippi River. Balderrama parked his vehicle in the right-hand lane and walked to the next exit to get gasoline. He returned to his vehicle with a can of gasoline, and, while standing outside and at the rear of his vehicle filling the tank, he was struck from behind by a vehicle operated by Robert Overturf, an insured of Milbank. Bal-derrama was injured, which prevented him from carrying out his regular employment. At the time of this accident neither Balder-rama nor his vehicle was insured under a policy of insurance as required by the Act.

In March 1980 Balderrama commenced an action against Overturf to recover damages for injuries arising out of the accident. Ov-erturf tendered defense to his insurer, Mil-bank, and Milbank settled Balderrama’s claim against Overturf for $50,000.

In April 1981 Balderrama commenced the present action against Milbank to recover basic economic loss benefits under section 65B.47, subd. 4(c), of the Act, which provides that an insured person who is not the “driver or other occupant” of an involved vehicle may look to the security covering any involved vehicle. The district court determined that Balderrama was the “driver or other occupant” of his own uninsured vehicle at the time of the accident and that his claim for basic economic loss was barred by his prior settlement and release of his liability claim against Overturf, Milbank’s insured.

1. We initially hold that Balderra-ma’s prior settlement of his common law liability claims against Overturf does mot bar his present claim for basic economic loss benefits from Milbank. Balderrama’s settlement with Milbank’s insured provides for the release and discharge of Overturf, “his heirs, successors, administrators and assigns from any and all actions, causes of action, liability claims * * This constitutes a release of Overturf’s common law tort liability to Balderrama. The settlement says nothing about a release of Milbank’s separate statutory obligation to pay basic economic loss benefits.

The Act specifically provides that “every person suffering loss from injury arising out of maintenance or use of a motor vehicle has a right to basic economic loss benefits,” Minn.Stat. § 65B.46, subd. 1 (1980). The settlement agreement does not abrogate this right by implication. Furthermore, as we stated in Gronquist v. Olson, 242 Minn. 119, 64 N.W.2d 159 (1954), “a release has been defined as a relinquishment, concession, or giving up of a right, claim, or privilege, by the person in whom it exists, to the person against whom it might have been enforced.” Id. at 125, 64 N.W.2d at 163-64 (emphasis added). Since Balder-rama could not have enforced any statutory right to basic economic loss benefits against Overturf, his settlement with Overturf is unrelated to and does not affect that statutory right.

2. Holding Balderrama not barred by his prior settlement agreement, our attention now focuses on his statutory right to basic economic loss benefits under the priorities provision of the Act. We hold he has no right to those benefits.

Necessary for this determination is an analysis of the words “driver or other occupant” used within the priorities provision of the Act.1 The first three provisions deal with commercial vehicles. In all other cases the following priorities apply:

(a) The security for payment of basic economic loss benefits applicable to injury to an insured is the security under which the injured person is an insured.
[357]*357(b) The security for payment of basic economic loss benefits applicable to injury to the driver or other occupant of an involved motor vehicle who is not an insured is the security covering that vehicle.
(c) The security for payment of basic economic loss benefits applicable to injury to a person not otherwise covered who is not the driver or other occupant of an involved motor vehicle is the security covering any involved motor vehicle. An unoccupied parked vehicle is not an involved motor vehicle unless it was parked so as to cause unreasonable risk of injury.

Minn.Stat. § 65B.47, subd. 4 (1980) (emphasis added).

Priority (a) of subdivision 4 is inapplicable in this case — Balderrama was uninsured at the time of the accident. His vehicle was also uninsured. At the time of the accident, his status as a “driver or other occupant” becomes dispositive: if Balderra-ma is considered to have been the “driver or other occupant” of his vehicle while filling the tank, he must look to the security covering his own (uninsured) vehicle — so no recovery is available under priority (b) of subdivision 4; if Balderrama is not considered to have been the “driver or other occupant” of his vehicle (e.g., a pedestrian), he may look to the security covering any involved motor vehicle — recovery is forthcoming from Milbank, the insurer of Over-turf’s vehicle. Id. subd. 4(c).

No statutory definition is given for the terms “driver or other occupant” in the Act. See Minn.Stat. § 65B.43 (1980). Instead, we are left with the task of construing these words in accordance with their common understanding and in congruence with legislative intent. Minn.Stat. §§ 645.08, 645.16 (1980). The common understanding of the term “driver” connotes a position of responsibility, not necessarily just a position of geography.2 Appellant suggests that the words following driver, “or other occupant,” limit driver to a geographic term. We reject this construction as inconsistent with the legislative intent regarding uninsured drivers of uninsured vehicles.3 Id.

The search for legislative intent begins. Aiding this search are two presumptions set forth by Minn.Stat. § 645.17 (1980):

In ascertaining the intention of the legislature the courts may be guided by the following presumptions:
* ⅜ * sf: * *
(2) The legislature intends the entire statute to be effective and certain;
* * * * * *
(5) The legislature intends to favor the public interest as against any private interest.

The underlying principle of the priorities provision is enunciated in the comments to the parallel provision of the Uniform Motor Vehicle Accident Reparations Act (UM-VARA), the precursor to Minnesota’s Act.

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Balderrama v. Milbank Mutual Insurance Co.
324 N.W.2d 355 (Supreme Court of Minnesota, 1982)

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Bluebook (online)
324 N.W.2d 355, 1982 Minn. LEXIS 1775, Counsel Stack Legal Research, https://law.counselstack.com/opinion/balderrama-v-milbank-mutual-insurance-co-minn-1982.