Meeker v. IDS Property Casualty Insurance Co.

846 N.W.2d 468, 2014 WL 1516581, 2014 Minn. App. LEXIS 42
CourtCourt of Appeals of Minnesota
DecidedApril 21, 2014
DocketNo. A13-1302
StatusPublished
Cited by2 cases

This text of 846 N.W.2d 468 (Meeker v. IDS Property Casualty Insurance Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Meeker v. IDS Property Casualty Insurance Co., 846 N.W.2d 468, 2014 WL 1516581, 2014 Minn. App. LEXIS 42 (Mich. Ct. App. 2014).

Opinion

OPINION

PETERSON, Judge.

Appellants challenge the summary judgment dismissing their property-damage claim against respondent insurer, arguing that the district court erred by determining that respondent was not effectively served by substitute service under Minn. Stat. § 45.028, subd. 2, before the limitations period in their policy expired. We reverse and remand.

FACTS

Appellants Robert and Jacqueline Meeker filed a claim with respondent IDS Property and Casualty Insurance Company, alleging that their home was damaged during a June 17, 2010 storm. Respondent denied appellants’ claim, and, after additional review, respondent denied the claim a second time. Appellants’ insurance policy stated that any lawsuit challenging a denial of a claim had to be brought within two years after the loss, in this case by June 17, 2012.

It is undisputed that, because respondent is a nonresident or foreign insurance company that conducts business in Minnesota, appellants were authorized to begin an action against respondent by the service of process on the Minnesota Commissioner of Commerce under Minn.Stat. § 45.028, subd. 2. Minn.Stat. § 60A. 19, subd. 4 (2012). To comply with section 45.028, subdivision 2, appellants, on June 13, 2012, sent copies of a summons and complaint by certified mail to the Minnesota Commissioner of Commerce and to respondent. On June 28, 2012, appellants signed an affidavit of compliance, which described service of the complaint by certified mail, and, on June 29, 2012, they filed the affidavit in the district court.

Respondent moved for summary judgment, alleging that, because the affidavit of compliance was not filed until after the two-year limitations period ended, appellants failed to begin their suit within the limitations period. The district court agreed and granted summary judgment to respondent, solely on the basis that service of process under Minn.Stat. § 45.028, subd. 2, is not effective until all of the requirements of the statute are satisfied, and appellants did not satisfy all of the requirements until June 29, 2012, which was after the two-year limitations period expired. This appeal followed.

ISSUE

Was substituted service under Minn. Stat. § 45.028, subd. 2, ineffective when copies of the summons and complaint were sent by certified mail to the Minnesota Commissioner of Commerce and to respondent before the policy limitations period expired and the plaintiffs affidavit of compliance was filed before the return day [470]*470of the process but after the limitations period expired?

ANALYSIS

Effective service of process initiates a court’s personal jurisdiction over a defendant. Mercer v. Andersen, 715 N.W.2d 114, 118 (Minn.App.2006). Limitation questions are separate from the issues of subject-matter and personal jurisdiction, but jurisdiction and limitations go hand-in-hand; if a complaint is served beyond the limitations period, a party has no right to pursue a claim, and service of an expired claim is insufficient to grant a court personal jurisdiction over a defendant. Id. at 119-20.

We review questions involving the sufficiency and effectiveness of service of process as a question of law. 301 Clifton Place L.L.C. v. 301 Clifton Place Condo. Ass’n, 783 N.W.2d 551, 562 (Minn.App.2010). Construction of a statute is also a legal question, which we review de novo. State v. Barrientos, 837 N.W.2d 294, 298 (Minn.2013).

Our goal when interpreting statutory provisions is to ascertain and effectuate the intention of the legislature. If the meaning of a statute is unambiguous, we interpret the statute’s text according to its plain language. If a statute is ambiguous, we apply other canons of construction to discern the legislature’s intent.

Brua v. Minn. Joint Underwriting Ass’n, 778 N.W.2d 294, 300 (Minn.2010) (quotation and citations omitted); see also Minn. Stat. § 645.16 (2012) (“When the words of a law in their application to an existing situation are clear and free from all ambiguity, the letter of the law shall not be disregarded under the pretext of pursuing the spirit.”). “In construing the statutes of this state, ... words and phrases are construed according to rules of grammar and according to their common and approved usage” unless doing so “would involve a construction inconsistent with the manifest intent of the legislature, or repugnant to the context of the statute.” Minn.Stat. § 645.08(1) (2012).

MinmStat. § 45.028, subd. 2, states:

Service of process under this section may be made by leaving a copy of the process in the office of the commissioner, or by sending a copy of the process to the commissioner by certified mail, and is not effective unless: (1) the plaintiff, who may be the commissioner in an action or proceeding instituted by the commissioner, sends notice of the service and a copy of the process by certified mail to the defendant or respondent at the last known address; and (2) the plaintiffs affidavit of compliance is filed in the action or proceeding on or before the return day of the process, if any, or within further time as the court allows.

The district court found, and respondent acknowledges, that appellants performed all three acts required under the statute: they sent the commissioner a copy of the complaint and summons by certified mail, they sent respondent notice of service on the commissioner and a copy of the process by certified mail, and they filed a certificate of compliance before the return day of the process.1 But the district court [471]*471concluded that, because appellants filed the affidavit of compliance after the two-year limitations period expired on June 17, 2012, service was not effective.2

Appellants argue that, to obtain effective service of process under the statute, they were not required to file the affidavit of compliance before the two-year limitations period expired. We agree that, under the plain language of the statute, appellants were only required to file the affidavit on or before the return day of the process.

Minn.Stat. § 45.028, subd. 2, begins by plainly stating that “[s]erviee of process ... may be made ... by sending a copy of the process to the commissioner by certified mail.” Appellants complied with this requirement and, therefore, made service of process. The parties’ dispute about the meaning of the statute arises because of the next phrase in the statute, “and is not effective unless.” Id. Respondent argues that this phrase means that service is not effective until all three requirements of the statute are satisfied. But the word in the statute is “unless,” not “until.”

In its common and approved usage, “until” means “[b]efore (a specified time).” The American Heritage Dictionary of the English Language 1901 (5th ed.2011). “Unless,” however, means “[e]xcept on the condition that.” Id. at 1896.

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Related

Robert Meeker v. IDS Property Casualty Insurance Company
862 N.W.2d 43 (Supreme Court of Minnesota, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
846 N.W.2d 468, 2014 WL 1516581, 2014 Minn. App. LEXIS 42, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meeker-v-ids-property-casualty-insurance-co-minnctapp-2014.