Kroh v. American Family Insurance

LEVINE, Justice.

We consider whether NDCC § 26.1-41-13(1) authorizes a no-fault insurer to deduct from its payment of no-fault benefits, an insured’s workers’ compensation benefits which have been reduced under NDCC § 65-05-15 because the insured’s injury in the nonwork-related motor vehicle accident “aggravated” a prior work-compensable injury. We hold that it does not and, accordingly, reverse and remand.

NDCC § 26.1-41-13(1) allows a no-fault insurer to reduce its payment of basic no-fault benefits under certain circumstances:

“A basic no-fault insurer has the primary obligation to make…