GILHOUSEN v. ILLINOIS FARMERS INS. CO.

No. C2-97-414.

582 N.W.2d 571 (1998)

Jason GILHOUSEN, Respondent, v. ILLINOIS FARMERS INSURANCE COMPANY, petitioner, Appellant.

Supreme Court of Minnesota.

August 13, 1998.


Attorney(s) appearing for the Case

Louise Dovre Bjorkman, Doreen A. Mohs, Rider, Bennett, Egan & Arundel, LLP, Minneapolis, for appellant.

Pete Kasal, Keefe, Kasal & Newman, Hutchinson, for respondent.

Heard, considered, and decided by the court en banc.


OPINION

TOMLJANOVICH, Justice.

This appeal presents the question of whether the Employee Retirement Income Security Act of 1974 (ERISA) preempts Minnesota's collateral source statute, Minn.Stat. § 548.36 (1996), to the extent it excepts amounts to which a subrogation right has been claimed. We conclude that there is no preemption, because the collateral source statute does not "relate to" employee benefit plans, 29 U.S.C. § 1144(a) (1994) (amended...

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