Smith v. American States Insurance Co.

OPINION

KLAPHAKE, Judge.

Appellant Randall Smith brought this contract action against respondent American States Insurance Company (American States) for disability benefits for the period from August 6, 1991 to March 1, 1995. On appeal from a grant of summary judgment to American States, Smith argues that Minn. Stat. § 548.36 (1996), the collateral source statute, only requires deduction of payments made prior to a verdict and that it does not extinguish his right under the insurance contract to collect disability benefits from American States. We agree and reverse.

FACTS

Smith, who was disabled…