Do v. American Family Mutual Insurance Co.

ANDERSON, PAUL H„ Justice

(concurring).

I concur in the result reached by the majority, but I disagree with its analysis. Based on its reading of Minn.Stat. § 548.251, subd. 1(2), the majority in essence concludes that subdivision 1(2) is not ambiguous as applied to the dispute in this ease and therefore concludes it is not necessary to go beyond the text of the statute to determine its meaning. I conclude that subdivision 1(2) is ambiguous as to whether payments by a tortfeasor’s automobile liability insurer are collateral and that a more comprehensive analysis of the statute’s meaning is…