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Daley v. American States Preferred Insurance Co.12/22/1998
Appeal from the District Court for Cass County, East Central Judicial District, the Honorable Ralph R. Erickson, Judge.
REVERSED.
Ryan Daley v. American States Preferred Ins. Co., et al. Civil No. 980171 Maring, Justice.
[ ] American States Preferred Insurance Company (American States) appeals from the district court's summary judgment in favor of Nodak Mutual Insurance Company (Nodak). The district court, applying Minnesota law, determined American States must pay Ryan Daley's no-fault insurance benefits and indemnify Nodak for $12,786.10 in no-fault benefits Nodak had provided to Daley. We conclude North Dakota law should have been applied, and we reverse.
I.
[ ] On May 11, 1996, Ryan Daley and Nathan Schaffer, both residents of Fargo, North Dakota, were involved in a single vehicle car accident in Minnesota. Daley, a passenger in Schaffer's vehicle, was injured. At the time of the accident, two insurance policies covered Daley for basic no-fault benefits. Daley was insured for basic personal injury protection under a policy issued by American States to his mother, Kitty Kinslow, of Fargo, North Dakota. Daley was also insured for basic no-fault personal injury protection through a policy issued by Nodak to Schaffer covering the vehicle involved in the accident.
[ ] Prior to initiating this lawsuit, Daley applied for and received $5,000 in no-fault benefits from Nodak. After paying $5,000 in medical expenses, Nodak sought to coordinate benefits with Daley's health insurance carrier under N.D.C.C. § 26.1-41-13(3). On June 24, 1997, Daley sued American States and Nodak claiming he was entitled to no-fault benefits for his remaining unpaid medical bills. Neither company denied Daley was entitled to coverage under their policies. Rather, the dispute focused on whether Minnesota or North Dakota law applied and which company was obligated to pay Daley's no-fault benefits. Subsequent to the commencement of Daley's lawsuit, Nodak and American States brought cross motions for summary judgment.
[ ] On March 5, 1998, the district court heard the cross motions and granted summary judgment in favor of Nodak. The district court determined Minn.Stat. § 65B.47, subd. 4 applied to resolve the dispute between Nodak and American States. Based on that determination, the court concluded American States had first priority to pay Daley's no-fault benefits, and ordered American States to fully indemnify Nodak for $12,786.10 in no-fault benefits it had provided to Daley. American States timely appealed.
II.
[ ] The determination of which company is responsible to pay no-fault benefits turns on a choice of laws issue; namely, whether North Dakota or Minnesota law applies. Under Minnesota's no-fault law, Minn.Stat. § 65B.47, subd. 4(a), " he 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." Thus, under Minnesota law, American States, as Daley's insurer, is required to compensate Daley for his no-fault benefits. On the other hand, under North Dakota's no-fault law, N.D.C.C. § 26.1-41-13(2)(a), "the basic no-fault insurer of the secured motor vehicle shall pay the benefits." Thus, under North Dakota law, Nodak, as the insurer of Schaffer's vehicle, is required to compensate Daley for his no-fault benefits.
[ ] The issue below, as it was framed by the district court and both parties, was whether the facts in this case called for application of this Court's choice of law analysis in American Family Mut. Ins. Co. v. Farmers Ins. Exch., 504 N.W.2d 307 (N.D. 1993) or the "significant contacts" approach which we a
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