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SMITH v. AMERICAN STATES INS. CO.

No. C5-98-1132.

586 N.W.2d 784 (1998)

Randall SMITH, Appellant, v. AMERICAN STATES INSURANCE COMPANY, Respondent.

Court of Appeals of Minnesota.

December 8, 1998.

Attorney(s) appearing for the Case

Mark R. Kosieradzki, Kosieradzki & Assocs., Minnetonka, MN; and Logan N. Foreman, III, Minneapolis, MN (for appellant).

Richard P. Mahoney, Victor E. Lund, Mahoney, Dougherty and Mahoney, Minneapolis, MN (for respondent).

Considered and decided by KLAPHAKE, P.J., KALITOWSKI and DAVIES, JJ.

OPINION

KLAPHAKE, Judge.

Appellant Randall Smith brought this contract action against respondent American States Insurance Company (American States) for disability benefits for the period from August 6, 1991 to March 1, 1995. On appeal from a grant of summary judgment to American States, Smith argues that Minn. Stat. § 548.36 (1996), the collateral source statute, only requires deduction of payments made prior to a verdict and that it does not extinguish...

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