201411.12
0
0

Dependency and No–Fault Survivors’ Economic Loss Benefits After Auto Owners Ins. Co. V. Perry: A Call For Legislative Action

Introduction In May 2008, the Minnesota Supreme Court addressed survivors’ economic loss benefits under the Minnesota No-Fault Automobile Insurance Act, Minnesota Statute Sections 65B.41-71 (2006) (“the Act”).[1]  In Perry, the Supreme Court narrowly defined the term “dependent” as used in the act to mean only a spouse or child; precluding a decedent’s live-in girlfriend from…

201411.11
0
0

The Legal Framework of Medical Assistance Liens in Minnesota

Under Minn. Stat. § 256B.056, subd. 6, and federal law, the MA plan and/or the State receives an assignment for “the right to recover that portion of a settlement that represents payments for medical care”.  42 U.S.C. § 1396p(a)(1); Arkansas Dept. of Health and Human Servs. v. Ahlborn, 547 U.S. 268, 282, 284 (2006); Minn….