Minn. Stat. § 65B.56

Minnesota Statutes
Source: 2025 Minnesota Statutes. For the official text, see revisor.mn.gov.

Citing Cases (13)

Minnesota Supreme Court

Western National Insurance Co. v. Thompson · 2011 4 citations

+ 4 more citations in this opinion.

Weaver v. State Farm Insurance Companies · 2000 5 citations

+ 5 more citations in this opinion.

Neal v. State Farm Mut. Ins. Co. · 1995 9 citations

+ 9 more citations in this opinion.

Minnesota Court of Appeals

Western National Insurance Co. v. Thompson · 2010 2 citations

+ 2 more citations in this opinion.

State Farm Mutual Automobile Insurance Co. v. Ahmed · 2004 2 citations

+ 2 more citations in this opinion.

Arbitration Between Racine v. AMCO Insurance Co. · 2000 1 citation

+ 1 more citation in this opinion.

Hovland v. State Farm Insurance Companies · 1999 1 citation

+ 1 more citation in this opinion.

Neal v. State Farm Insurance Co. · 1994 9 citations

+ 9 more citations in this opinion.

Saari v. Litman · 1992 1 citation

+ 1 more citation in this opinion.

Milwaukee Mutual Insurance Co. v. Murphy · 1991 1 citation

+ 1 more citation in this opinion.

Maryland Casualty Co. v. Harvey · 1991 12 citations

+ 12 more citations in this opinion.

Ortega v. Farmers Insurance Group · 1991 3 citations

+ 3 more citations in this opinion.

Wolf v. State Farm Insurance Co. · 1990 1 citation

We do not agree with State Farm’s position that the initial burden of proof was on Wolf to establish her entitlement to benefits by presenting evidence on the issues of causation and necessity. An insured has a right to basic economic loss benefit under the No-Fault Act. Minn. Stat. § 65B.46, subd. 1. Once an insurer receives reasonable proof of the fact and amount of loss realized, it has a duty to respond to an insured’s claims in a timely manner. Minn. Stat. § 65B.54. Assuming State Farm received reasonable proof of Wolf’s losses, the burden was on it to establish Wolf was not entitled to benefits. See Ruppert v. Milwaukee Mutual Insurance Co., 392 N.W.2d 550, 556, 557 (Minn.Ct.App.1986), pet. for rev. denied (Minn. Oct. 22, 1986) (suggesting benefits may be terminated only if insured has been cured and thus requires no further treatment or if insured is receiving treatment for pre-ex-isting condition). Generally, an insured may meet that burden with evidence obtained during an adverse medical examination. See Minn. Stat. § 65B.56, subd. 1. Assuming State Farm meets its burden on retrial with Smookler’s deposition testimony, the burden may then shift to Wolf to establish her entitlement to benefits.