The Plan of Operation

 

Appendix II


Appendix III





 

Minnesota Automobile Assigned
Claims Plan

231 Central Ave Ste. A
Osseo, MN 55369

Phone 763-425-6634
Facsimile 855-976-4878

PLAN OF OPERATION

************

EFFECTIVE DATE
JANUARY 1, 1975


REVISED EDITION
FEBRUARY 24, 2004

************


FORWARD

This publication is designed for administrative use by insurers and self-insurers who are members of the Minnesota Automobile Assigned Claims Bureau. It is not the purpose of any statement in this publication to interpret the application of the benefits under the law in any individual case.


MINNESOTA AUTOMOBILE ASSIGNED CLAIMS PLAN

A PLAN AUTHORIZED BY THE MINNESOTA NO-FAULT AUTOMOBILE INSURANCE ACT (1974) TO PROVIDE THE GUARANTEE THAT BASIC ECONOMIC LOSS BENEFITS WILL BE AVAILABLE TO ANY PERSON ENTITLED TO SUCH BENEFITS AND UNABLE TO OBTAIN THEM THRU OTHER MEANS.

Sec. 1. EFFECTIVE DATE

The Minnesota Automobile Assigned Claims Plan will be effective January 1, 1975. Each reparation obligor providing basic economic loss insurance in Minnesota shall participate in the Assigned Claims Bureau and the Assigned Claims Plan.

Sec. 2. ADMINISTRATION

The Bureau shall be administered by a Governing Committee and a Plan Administrator. The Governing Committee (hereinafter referred to as "the committee") shall consist of four individuals selected by the insurer members, one individual selected by the self-insurer members, and two public members appointed by the governor. The Plan Administrator shall be appointed by the Committee

Biennially on a date fixed by the committee, each respective class of companies heretofore described and the Self-Insurers shall elect its representative to the Committee to serve two-year terms or until a successor is elected. The governor shall appoint two public members to serve two-year terms. Forty-five (45) days' notice of such meeting shall be given in writing to all companies and Self-Insurers which are members of the Bureau.

Each company and Self-Insurer serving on the Committee shall be represented by a salaried employee of the company or organization. A company leaving its class of companies shall resign its seat at the next meeting of the committee. If a public member resigns, or otherwise leaves the Committee, a successor shall be appointed by the governor to complete the term.

A majority of Bureau members shall constitute a quorum for purposes of electing members to the Committee. Voting by proxy shall be permitted.

The notice of each biennial meeting shall be accompanied by an agenda for such a meeting. At such biennial meeting a company or organization may cast one vote for each vacant seat on the Committee for its class of companies or organization.

A trade group member vacancy on the committee shall be filled by the respective organization which shall appoint a successor to serve until the next election. If a non-affiliated company vacancy occurs, a successor to serve until the next biennial meeting shall be elected by the non-affiliated companies. If a Self-Insurer vacancy occurs, a successor to serve until the next biennial meeting shall be elected by the Self-Insurers.

Sec. 3. LOCATION AND STAFF

The mailing address and telephone number of the Plan will be as follows:

MINNESOTA AUTOMOBILE ASSIGNED CLAIMS BUREAU
231 Central Avenue, Ste. A Osseo, MN 55369
Tel.: 763-425-6634; Facsimile: 855-976-4878;
e-mail: maacb@maacb.comcastbiz.net; website: www.maacb.org

Sec. 4. PERSONS ENTITLED TO BENEFITS

The purpose of the Minnesota Automobile Assigned Claims Plan is to provide basic economic loss benefits to any eligible claimant, if such benefits are not otherwise available. For example, the plan will provide basic economic loss benefits to a non-car owning pedestrian who is not otherwise insured and is struck by an uninsured or unidentified motorist.

The plan will not provide benefits:

1. To any person suffering injury, if such person:
(a) caused injury to himself or another person intentionally;

(b)

was a converter of a motor vehicle at the time of the injury was sustained, unless such    converter was a person 14 years old or younger; or
(c)

 

was injured in the course of an officiated racing or speed contest or in the practice or preparation of such a race; or
2. if the plan of reparation security application to the injury can be identified; or

 

3. to a person who failed to have security in effect at the time he was the owner of a private passenger motor vehicle, or to any person, whether or not related by blood or marriage, who lived with and functioned together with the owner as a family, other than adults who have been adjudicated incompetent and minor children; or

 

4. to any person who fails to submit an application for benefits within one year immediately following the date of injury; provided, however, that failure to provide notice will not render a person ineligible to receive benefits unless actual prejudice is shown by the reparation obligor, and then only to the extent of the prejudice; or

 

5. to any person eligible for coverage under a plan of reparation security and who fails to submit a claim on a timely basis to their carrier, even if the application for benefits is made to the Bureau within one year of the date of injury; and

 

6. to any person who has made timely application for basic economic loss benefits to an insolvent insurance carrier but who fails to notify the Bureau of the claim with six months after discovery of the carriers financial inability.

A decision by the Bureau or one of its Servicing Insurers to deny benefits may be appealed by the claimant to the Governing Committee.

If a claim qualifies for assignment, the Assigned Claims Bureau or any reparation obligor to whom the claim is assigned shall have the right to seek indemnification from an uninsured tortfeasor. Except as otherwise provided in Minnesota Statutes, Section 340A.801, subdivision 4, the reparation obligor to whom the claim is assigned shall further be subrogated to all the rights of the claimant against any person for economic loss benefits provided by the obligor to whom the claim was assigned.

Sec. 5. CLAIMS PROCEDURE

Claims application will be filed either in person or by mail with the Minnesota Automobile Assigned Claims Plan.

General assistance in completion of the form will be provided when necessary.

The Minnesota Automobile Assigned Claims Plan will review each claim application form to eliminate those obviously ineligible. Apparently eligible claims will be assigned to one the Servicing Insurers by means of a form letter. The assignment will be made in accordance with an Assignment Control Register (Appendix ll).

The Servicing Insurers will handle all claims to conclusion. They will keep the Minnesota Automobile Assigned Claims Plan office advised of the progress and disposition of the claims through a quarterly report form (Appendix lll). Servicing Insurers will be reimbursed quarterly for assigned claims payments.

Sec. 6. SERVICING INSURERS

A minimum of three servicing insurers will be designated to accept claim assignments, determine coverage and make adequate provision for the equitable payment of such claims. The Servicing Insurers shall have a statewide claims handling capability. The performance of the Servicing Insurers shall be reviewed annually by the Governing Committee.

Sec. 7. ADVISE CLAIMSMEN AND AGENTS

Insurers and self-insurers should inform their Minnesota claims personnel and agents of the existence of the Plan and instruct them to refer qualified injured persons to the offices of the Plan.

Sec. 8. ANNUAL REVIEW OF CLAIMS VOLUME

Assigned claims volume will be reviewed by the Governing Committee in the first quarter of each succeeding year. This review will ascertain the necessity, if any, for addition, deletions, or substitutions to the membership of the Servicing Insurers.

Sec. 9. BUDGET ASSESSMENT

The budget covers estimated administrative expenses and all estimated claim and allocated expenses by the Servicing Insurers

Insurers writing in Minnesota will be assessed on the basis of the latest available voluntary private passenger and all other automobile liability premiums written in Minnesota. The data used shall be in such form and from such sources as the Governing Committee deems appropriate and as approved by the Commissioner of Commerce.

Where more than one company in a group are writing in Minnesota and have indicated such preference, the total assessment for the group may be paid by one company.

Self-insurers in the state will be assessed on the basis of their latest available count of self-propelled vehicular exposures used on Minnesota public street or highways.

Any assessments levied against insurers and self-insurers shall depend upon the current financial position of the Minnesota Automobile Assigned Claims Bureau and shall be approved by the Governing Committee.

Payments will be mailed within 30 days after receipt of the notice of assessment.

All budget expenditures will be reviewed quarterly by the Governing Committee and audited annually. Annual reports will be submitted to the Commerce Commissioner and the reparation obligors. Any funds remaining at the end of the calendar year will be used to reduce future assessments.

jump.gif (1204 bytes)


Last updated: Wednesday, November 5, 2014
2001 Minnesota Automobile Assigned Claims Bureau
Information regarding this website can be directed to the Webmaster

It is not the purpose of any statement in this website to
interpret the application of benefits under the law in any individual case, and should not be considered legal advise.