C3-98-1792, Nodak Mutual Insurance Company, petitioner, Appellant, vs. American Family Mutual Insurance Company, Respondent.
Case Date: 09/27/2001
Court: Supreme Court
Docket No: C3-98-1792, Nodak Mutual Insurance Company, pe
|
STATE OF MINNESOTA IN SUPREME COURT C3-98-1792
S Y L L A B U S When a Minnesota resident covered by a Minnesota automobile insurance policy is injured in an automobile accident in North Dakota by a North Dakota resident covered by a North Dakota policy, and all other relevant choice-of-law factors favor neither state's law, the state where the accident occurred has the strongest governmental interest, and that state's law should therefore be applied. Affirmed. Heard, considered, and decided by the court en banc. O P I N I O N This case raises the question of whether Minnesota's or North Dakota's no-fault law applies when a Minnesota resident covered by a Minnesota automobile insurance policy is injured in an automobile accident in North Dakota by a North Dakota resident covered by a North Dakota policy. We hold that when all other relevant choice-of-law factors favor neither state's law, the state where the accident occurred has the strongest governmental interest, and that state's law should therefore be applied. On November 23, 1993, David Blumer of Fargo, North Dakota, and Gracy Morey of Moorhead, Minnesota, were involved in an automobile accident on a bridge approximately one-quarter of a mile into Fargo. Morey, whose car was registered in Minnesota and covered by a Minnesota insurance policy issued by respondent American Family Mutual Insurance Company, was seriously injured in the accident. Blumer's car was registered in North Dakota and covered by a North Dakota insurance policy issued by appellant Nodak Mutual Insurance Company. American Family paid Morey $6,201.64 in no-fault benefits. Nodak settled with Morey for $25,000, and Morey signed a release stating that |
|||||