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American Family Insurance Group v. Schroedl8/24/2000
"or" would have us ignore the legislature's intent in enacting section 65B.491. That intent is set out in the first sentence of section 65B.491, which states that "no plan of reparation security issued to or renewed * * * may provide coverage for wage loss reimbursement * * *." The legislature used the disjunctive "or" to make clear that two separate acts are prohibited. The first prohibited act is the issuance of a plan of reparation security providing coverage for wage loss reimbursement to a person 65 years of age or older who will not reasonably be expected to be able to receive the wage loss reimbursement. The second prohibited act is the renewal of a plan of reparation security containing coverage for wage loss reimbursement with a person 65 or older who cannot reasonably expect to receive wage loss reimbursement. That interpretation of the word "or" is consistent with the reading we gave to the word "or" in Stateáv. Rossow, 310 Minn. 399, 401-02, 247 N.W.2d 398, 400 (1976) (explaining that the disjunctive "or" is used to show that the evidence is admissible on either of two separate grounds). The use of the disjunctive phrase "issuing or renewing" in the second sentence of section 65B.491 parallels the first sentence, requiring the insurer to make the required inquiry whether it is performing the act of issuing or renewing a plan of reparation security.
The section 65B.491 exception to otherwise mandatory coverage under the Act is intended to protect insureds who are 65 years of age or older and no longer earn wages from being required to purchase coverage that cannot reasonably be expected to provide them a benefit. The statute is not intended to eliminate mandatory coverage for which the insured has a need. Therefore, reading section 65B.491 in conjunction with section 65B.49, subd. 2, we conclude that insurers must make the inquiry required under section 65B.491 at every renewal of a plan of reparation security to ensure both that the insureds who are 65 years old or older are being provided all coverage mandated by the Act and that they are not being provided coverage which the insurer is prohibited from selling them.
Because American Family's failure to inquire at every renewal violated the No-Fault Act, the statutory exclusion of wage loss reimbursement coverage provided in section 65B.491 cannot be applied to Schroedl's policy and Schroedl is therefore entitled to the full scope of mandatory basic economic loss coverage, including coverage for wage loss reimbursement.
Affirmed.
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