Western National Mutual Insurance Co. v. State Farm Insurance

353 N.W.2d 169, 1984 Minn. App. LEXIS 3375
CourtCourt of Appeals of Minnesota
DecidedJuly 31, 1984
DocketC5-84-214
StatusPublished
Cited by10 cases

This text of 353 N.W.2d 169 (Western National Mutual Insurance Co. v. State Farm Insurance) 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
Western National Mutual Insurance Co. v. State Farm Insurance, 353 N.W.2d 169, 1984 Minn. App. LEXIS 3375 (Mich. Ct. App. 1984).

Opinions

OPINION

CRIPPEN, Judge.

Appellant State Farm Insurance Co. insured an automobile of Dorothy Archiletti, who was injured in a Minnesota car accident. The appeal is on a summary judgment requiring State Farm to pay a subro-gation claim of respondent Western National Mutual Insurance Co., the insurer for the vehicle occupied by Archiletti at the time of the accident.

Because Archiletti was a Missouri resident without a car in Minnesota when the accident occurred, State Farm contends she had no right to no-fault benefits under her own insurance policy. The contention is based on interpretation of the Minnesota no-fault automobile insurance act and decisions on the constitutional requirement of due process in applying statutory obligations.

We affirm.

FACTS

Missouri residents Dorothy Archiletti and her husband Carl flew to Minnesota for a visit, leaving their vehicles in Missouri. Appellant State Farm insures the automobiles owned by the Archilettis. The insurance policy was applied for and issued in Missouri. Missouri does not have a no-fault insurance act and the Archilettis did not pay State Farm a premium for no-fault benefits. State Farm is authorized to do business in Minnesota.

• On September 30, 1980, Dorothy Archi-letti sustained personal injuries in an automobile accident in Minnesota. At the time of the accident, Archiletti was a passenger in a vehicle owned by John and LaVonne Wefel. The Wefels are Minnesota residents and their car is insured by Western National. The Western policy provides basic economic loss benefits as required by the Minnesota no-fault automobile insurance act.

Western honored Archiletti’s claim for Minnesota no-fault insurance benefits, including medical expenses and replacement services. The company has paid Archiletti $2,625.68 and the expenses are continuing.

Western brought an action against State Farm seeking a declaration that State Farm is the proper no-fault carrier and claiming reimbursement. State Farm denied coverage based on the fact the Archi-lettis had no vehicle in Minnesota when the accident occurred.

The trial court granted a motion for summary judgment in favor of Western National based on an earlier Hennepin County [171]*171District Court decision in a case involving similar facts. In the prior case the trial court ruled that an insurance company doing business in Minnesota “was obligated to provide basic economic loss benefits to its nonresident insured for injuries resulting from a Minnesota accident regardless of whether or not the insured vehicle was present in the state,” under Minn.Stat. § 65B.50(1) (1982) of the Minnesota no-fault automobile insurance act.

ISSUES

1. Does the Minnesota no-fault act obligate a licensed insurer to provide benefits on a Minnesota accident even though the insured is a nonresident and her vehicle is not in Minnesota at the time of the accident?

2. Does imposition of the obligation offend due process requirements of the Federal Constitution?

ANALYSIS

1.

Western’s claim is founded on the demand of Minn.Stat. § 65B.47(4)(a) (1982) for the prior application of basic economic loss benefits from the policy “under which the insured person is an insured.” Western claims subrogation rights based on the priority of any coverage applicable for Dorothy Arehiletti under her State Farm policy-

To decide whether State Farm coverage applies we must interpret the language of Minn.Stat. § 65B.50 (1982). The statute provides:

Subdivision 1. Every insurer licensed to write motor vehicle accident reparation and liability insurance in this state shall, on or before January 1, 1975, or as a condition to such licensing, file with the commissioner and thereafter maintain a written certification that it will afford at least the minimum security provided by section 65B.49 to all policyholders, except that in the case of non-resident policyholders it need only certify that security is provided with respect to accidents occurring in this state.
Subd. 2. Notwithstanding any contrary provision in it, every contract of liability insurance for injury, wherever issued, covering obligations arising from ownership, maintenance, or use of a motor vehicle, except a contract which provides coverage only for liability in excess of required minimum tort liability coverages, includes basic economic loss benefit coverages and residual liability coverages required by sections 65B.41 to 65B.71, while the vehicle is in this state, and qualifies as security covering the vehicle.

Construction of the statute is limited by the Minnesota Supreme Court decision in Petty v. Allstate Insurance Company, 290 N.W.2d 763 (Minn.1980). Both State Farm and Western rely on the Petty decision to support their positions on whether an owned vehicle must be present in Minnesota for a nonresident policyholder to collect no-fault benefits from her insurance company.

In the Petty case, two California residents were injured in a Minnesota automobile accident. They owned two vehicles registered in California and insured by Allstate under a policy written and issued in California. California does not have no-fault insurance. At the time of the accident, the Pettys had one vehicle present in Minnesota but were driving a vehicle owned by their daughter.

Allstate Insurance Company acknowledged in the Petty ease an obligation under § 65B.50(1) to furnish “minimum security provided by section 65B.49 (1978);” § 65B.49 describes minimum coverage demanded by the Minnesota act. Id. at 765. They refused, however, to stack economic loss benefits on two insured vehicles, contending their policy did not provide for stacking. Minnesota law entitles Minnesota residents to stack basic economic loss benefit coverage for more than one owned vehicle.

Under § 65B.50(2) every insurance contract “includes” basic economic loss benefit coverages “[njotwithstanding any contrary [172]*172provision” in the policy. If applicable to the policy purchased by the Pettys, that subdivision required stacking of benefits according to Minnesota law in spite of the contract language in the- insurance contract.

Section 65B.50(1) requirements bind “[e]very insurer licensed to write motor vehicle accident reparation and liability insurance in this state ...” The Supreme Court held in the Petty case that the requirements of § 65B.50(2) were also imposed upon the companies desiring to provide coverage in Minnesota. The court reasoned that subdivision 1 separately addressed the “security” required for nonresident policyholders, and that the court needed to “look to” subdivision 2 to identify the required “security.” Id. at 766.

In the case at hand the parties dispute the meaning and effect of the clause in subdivision 2 which says the coverage requirements exist “while the vehicle is in this state.” Because the Petty decision says subdivision 2 defines State Farm’s coverage burden toward non-Minnesotans injured here, the company contends its burden is confined by the subdivision to accidents occurring when a nonresident has an owned car present in Minnesota. We disagree, concluding that such a requirement is not established by subdivision 2 or the Petty decision. '

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Western National Mutual Insurance Co. v. State Farm Insurance
353 N.W.2d 169 (Court of Appeals of Minnesota, 1984)

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Bluebook (online)
353 N.W.2d 169, 1984 Minn. App. LEXIS 3375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/western-national-mutual-insurance-co-v-state-farm-insurance-minnctapp-1984.