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Mutual Services Casualty Insurance Co. v. League of Minnesota Cities Insurance Trust

6/26/2002

ers to maintain automobile insurance policies or other pledges of indemnity which will provide prompt payment of specified basic economic loss benefits to victims of automobile accidents without regard to whose fault caused the accident. Minn. Stat. § 65B.42(1) (2000).


A police patrol car, marked or unmarked, is an automobile. Application of the plain meaning of the statutory definition of "motor vehicle" to this case produces an absurd and unreasonable result that plainly departs from the first stated purpose of the no-fault act.


DECISION


When an injury arises out of the use of a marked police patrol car, applying the plain meaning of the statutory definition of "motor vehicle" to deny an injured person the right to basic economic-loss benefits produces an absurd and unreasonable result that plainly departs from the first stated purpose of the Minnesota No-Fault Automobile Insurance Act, Minn. Stat. §§ 65B.41-.71 (2000). The district court therefore erred by concluding that a marked police patrol car is not a "motor vehicle" for purposes of the no-fault act. Because both MSI and LMCIT's policies provide the pedestrian with basic economic-loss benefits, we reverse and remand for the district court to determine the priority of payment of those benefits.


Reversed and remanded.






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