Legal Opinion · Concurrence

Principal Financial Group v. Allstate Insurance Co.

Court of Appeals of Minnesota

Decided June 18, 1991No. C1-90-2583Published

1ConcurrenceDavies, Judge

I concur, but only under the compulsion of Milbrandt v. American Legion Post of Mora, 372 N.W.2d 702 (Minn.1985), and its progeny.1 I view those cases as inconsist*343ent with the fundamental thrust of Minnesota subrogation law. Because Milbrandt is supreme court authority, however, it must be followed.

I

Under the no-fault statute:

A reparation obligor paying or obligated to pay basic or optional economic loss benefits is subrogated to the claim for the recovery of damages for economic loss that the person to whom the basic or optional economic loss benefits were paid or payable has against another…

2Cases cited14 opinions

  1. Miller v. ShugartSupreme Court of Minnesota · 1982
  2. Schmidt v. ClothierSupreme Court of Minnesota · 1983
  3. Naig v. Bloomington SanitationSupreme Court of Minnesota · 1977
  4. Milbrandt v. American Legion Post of MoraSupreme Court of Minnesota · 1985
  5. American Family Mutual Insurance Co. v. BaumannSupreme Court of Minnesota · 1990

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