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TERRELL v. STATE FARM INS. CO.

No. C8-83-374.

346 N.W.2d 149 (1984)

James TERRELL, Respondent, v. STATE FARM INSURANCE CO., Appellant.

Supreme Court of Minnesota.

March 30, 1984.

Attorney(s) appearing for the Case

John D. Quinlivan, Kevin S. Carpenter, St. Cloud, for appellant.

Robert W. Holmen, St. Cloud, for respondent.

Stephen R. Duerr, Minn. Trial Lawyers Assoc., Minneapolis, amicus curiae.

Considered and decided by the court en banc without oral argument.

KELLEY, Justice.

The trial court held that an insured's failure to give notice of accident within the time period prescribed by the insurance policy issued in conformity with Minn.Stat. § 65B.55, subd. 1 (1982) is not an absolute bar to no-fault basic economic loss benefit claims made under the policy unless the insurer has suffered actual prejudice as a result of the delayed notice. Because we conclude the legislature intended such failure to give timely notice...

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