Bill Text: MN SF589 | 2011-2012 | 87th Legislature | Introduced
Bill Title: No-fault automobile insurance limitation of damages for noneconomic detriment modifications
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2011-04-14 - Comm report: To pass and re-referred to Judiciary and Public Safety [SF589 Detail]
Download: Minnesota-2011-SF589-Introduced.html
1.2relating to insurance; no-fault auto; modifying the limitation on damages for
1.3noneconomic detriment;amending Minnesota Statutes 2010, section 65B.51,
1.4subdivision 3.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 65B.51, subdivision 3, is amended to read:
1.7 Subd. 3. Limitation of damages for noneconomic detriment. In an action
1.8described in subdivision 1, no person shall recover damages for noneconomic detriment
1.9unless:
1.10(a) The sum of the following exceeds $4,000:
1.11(1) reasonable medical expense benefits paid, payable or payable but for any
1.12applicable deductible, plus
1.13(2) the value of free medical or surgical care or ordinary and necessary nursing
1.14services performed by a relative of the injured person or a member of the injured person's
1.15household, plus
1.16(3) the amount by which the value of reimbursable medical services or products
1.17exceeds the amount of benefit paid, payable, or payable but for an applicable deductible
1.18for those services or products if the injured person was charged less than the average
1.19reasonable amount charged in this state for similar services or products, minus
1.20(4) the amount of medical expense benefits paid, payable, or payable but for
1.21an applicable deductible for diagnostic X-rays and for a procedure or treatment for
1.22rehabilitation and not for remedial purposes or a course of rehabilitative occupational
1.23training; or
1.24(b) the injury results in:
2.1(1) permanent disfigurement;
2.2(2) serious permanentinjury impairment of an important bodily function;
2.3(3) death; or
2.4(4) disability for 60 days or more.
2.5(c) For the purposes of clause (a) evidence of the reasonable value of medical
2.6services and products shall be admissible in any action brought in this state.
2.7For the purposes of this subdivision disability means the inability to engage in
2.8substantially all of the injured person's usual and customary daily activities.
2.9EFFECTIVE DATE; APPLICATION.This section is effective August 1, 2011,
2.10and applies to actions arising from incidents occurring on or after that date.
1.3noneconomic detriment;amending Minnesota Statutes 2010, section 65B.51,
1.4subdivision 3.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 65B.51, subdivision 3, is amended to read:
1.7 Subd. 3. Limitation of damages for noneconomic detriment. In an action
1.8described in subdivision 1, no person shall recover damages for noneconomic detriment
1.9unless
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2.1(1) permanent disfigurement;
2.2(2) serious permanent
2.3(3) death; or
2.4(4) disability for 60 days or more.
2.5
2.6
2.7For the purposes of this subdivision disability means the inability to engage in
2.8substantially all of the injured person's usual and customary daily activities.
2.9EFFECTIVE DATE; APPLICATION.This section is effective August 1, 2011,
2.10and applies to actions arising from incidents occurring on or after that date.
