Legal Opinion · Concurrence

Swanson v. Brewster

Supreme Court of Minnesota

Decided June 30, 2010No. A08-806Published

1ConcurrenceDietzen, Justice

I agree with the result reached by the majority, but disagree with its underlying analysis. At issue is whether a negotiated discount obtained by a plaintiffs health insurer is a “collateral source” as defined by Minn.Stat. § 548.251, subd. 1 (2008), of the collateral-source statute. In my view, this case presents a straightforward question of statutory construction.

Minnesota Statutes § 548.251, subdivision 1, provides that collateral sources are “payments related to the injury or disability in question made to the plaintiff, or on the plaintiffs behalf up to the date of the verdict,”…

2Cases cited3 opinions

  1. Simon v. Milwaukee Automobile Mutual InsuranceSupreme Court of Minnesota · 1962
  2. Peterson v. HalvorsonSupreme Court of Minnesota · 1937
  3. Toth v. ArasonSupreme Court of Minnesota · 2006

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