Balderrama v. Milbank Mutual Insurance Co.

PETERSON, Justice.

Plaintiff Jaime Balderrama claims a right to basic economic loss benefits under the priorities provision of the Minnesota No-Fault Automobile Insurance Act (the Act), Minn.Stat. § 65B.47 (1980). The district court denied the claim, granting the motion of defendant Milbank Mutual Insurance Company (Milbank) for summary judgment. Balderrama appeals from this order. Two issues arise: (1) whether Balderrama’s prior settlement of disability claims precludes a claim for statutory basic economic loss benefits; and (2) whether Balderrama was the “driver or other occupant” of his…