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NELSON v. AMERICAN FAMILY INS. GROUP

No. C4-01-226.

651 N.W.2d 499 (2002)

Sharon NELSON, Petitioner, Appellant, v. AMERICAN FAMILY INSURANCE GROUP, Respondent.

Supreme Court of Minnesota.

Rehearing Denied October 9, 2002.

Attorney(s) appearing for the Case

Daniel L. Giles, Christenson, Stoneberg, Giles & Stroup, P.A., Marshall, for appellant.

Richard Dale, Sioux Falls, SD, for respondent.

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

OPINION

ANDERSON, PAUL H., Justice.

Appellant Sharon Nelson commenced this action in Murray County District Court to recover no-fault benefits from respondent American Family Insurance Group. Both parties brought motions for summary judgment. The court granted American Family's motion and dismissed Nelson's claim on the grounds that any recovery would be a double recovery and would frustrate the purpose of the No-Fault Act. The Minnesota Court of Appeals...

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