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CHACOS v. STATE FARM MUT. AUTO. INS. CO.

No. C7-84-1803.

368 N.W.2d 343 (1985)

Peter M. CHACOS, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Respondent.

Court of Appeals of Minnesota.

May 28, 1985.

Attorney(s) appearing for the Case

Edward F. Rooney, Mirviss, Seltz, Seltz & Rooney, P.A., Minneapolis, for appellant.

R. Gregory Stephens, Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan, Minneapolis, for respondent.

Heard, considered and decided by PARKER, P.J., and LANSING and HUSPENI, JJ.

OPINION

LANSING, Judge.

Peter Chacos appeals from a judgment entered after a jury found a lapse of medical treatment and disability for more than one year, making him ineligible for basic economic loss benefits under his State Farm automobile insurance policy. He contends the trial court erred in instructing the jury on the meaning of "inability to work" in Minn.Stat. § 65B.44, subd. 3. We reverse and remand for a new trial.

FACTS

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