265135 WHI7E - CITY CLERK 1 ^���_�(�
PINK - FINANCE COUIICIl j � �
CANARY - DEPARTMENT GITY OF SAINT PALTL h� �,
BLUE -MAYOR File NO.
O
- Council Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
WHEREAS' The Legislature of the State of Minnesota has enacted
the Minnesota No-Fault Automobile Insurance Act providing for pay-
ment of benefits to victims of automobile accidents without regard
to fault; and
WHEREAS� The City of Saint Paul ha.s qualified as a certif ied
self-insurer and as, such is a reparation obligor required by law
to become a member of and participate in the Minnesota Automobile
Assigned Claims Bureau and Plan; and
WHEREAS� Membership in the Plan is predicated upon acceptance
of the Articles of Agreement and assessment is based on the number
of licensed vehicles; now, therefore, be it
RESOLVED, That the Mayor of the City of Saint Paul is hereby
authorized and directed to execute such documents as are necessary
to secure membership in the Plan.
COUIVCILMEIV Requested by Department of:
Yeas Nays
Christensen �
City Attorney
Hozza � In Favor
Levine
Rcedler � Against BY
$�•1+'�e�o�r
T.�iio�o
President Hunt �
� s Form A oved by City torne
Adopted by Council: Date �� "��
Certifie s d Coun '1 Secretary B
i
Approv Mayor: at � Approved y Mayo o Subm' sion to Council
By BY
M�e!►sHfo MAR � 51�?;
r .
, . - �INN�S�'�.'.� �iUTOt�IOBILE �SSIGNED CiLAIMS �UREAU
, 523 MARQUETTE A�/ENUE —. ROOM S03 ' ������)�
IvIiM1EAPOLIS, MINfiESOTA 55402 �
- FILED
�� Jat� 2� i -
J. R. �ECHTEL. Jr. Janu�y 2l+, 1975 J�'i� l� � ld H�� �7�
MAFfA�E� CITY CfTY CLcRK'S (1FF{CE
S. u �
S T P,�:�J L. 9•�t!?Jd.
BULLETIN N0. 1-A
� � � ,� r3 . r ,�y
d�
TO �L SEL��'-INSU'ItER. REPARATION .
JAN � 9 ?975
OBLIGGRS CERTTFI�D Ri THE COI�i��iISSIGVER Ci7Y A�"r'•itNEY
OF II�ISUR9NCE, STATE OF MIIV2?'''�,SOTA �
v • •
.,
' Re: Minnesota No-rault Automobile Insurance Act
Self-Insuxer Reparation Obli�ors
• .�,
Gentlemen: . � �
.
T'ne hiinnesota Automobile Assigned Claims Fureau ar�d I�iinussota Automobile Assigned .
Cla�:ns i'ian are .two o�' tre provis�ons .of zhe� Miiinesota �1TO•-Fau1t �Atttor�obile Insurance� -
�ct wnich became- e�fective Jan.uaxy �1, �975. All reparation obligors, whetY:er �hey � -
are automobile ir_surarce companies or cer.tified Se�.�'-Insurers in Minnesota, .are �
req�?ired t�y law to be�o�E �smbers of and to p�rticypa�e in tha Minnesota Automobile
�.ssigned Glaims �t:.reau. As ix�dicated previously by the rLinneso�a Commissioner of
Insursnce in, his letter o£ (�tober, 1974 to all �otential self-insureds this Bureau .
is con�tacting yeuz� .f�rm in r,gard to securing youx �mbership herein. For your �
conver.ier�ce we �re attaehing extracts from the Act which deal direc�ly wi_th "Assigned
�la��,:� Plan".
Y�clo�ad �re -Lwo booklets entitled� "Articles of ,A�reemant". Membership in the
- ;iin_r�sota Autoa:�bile Assigned Claitas Bureau is a.t�;ained by signing the bocklets o7i '
-�he ?.as�c page,. t,_h,us denot,�ng your fir�ss arceptance of the A.:ticles of Agreem�nt. -
i:i:�d?;� re��,;.-rn or�e cor�pl"e�ec� co� to �Lr.e ?�iinnesota Autor�obile Assigned- Clai�i.� Pl�.n by_
2'2�:".._ =? iii8_il 't0 ES'�&�i1.:i�i ��I':;?r.SlE;?1� recorcl oi yOiL?' In�:fi�'i�rship.
� �_'�� �i�cloa���1 i� � copy e�' t.he rul.es, reg�ulations, forms, etc., for the operat�o:� of'
t�_� i'_T_t��eso�c�. Autozlob?le ��ssigned Claims Plari. WE call your pa�•ticular a�tter.tior. to
S�c1•ion ;, �u�g�t A;S°SSTM1Er��. '�he fourth paragrapl-i thereof states in part:
� "S�lf--ins?u c:rs in tl-,e st�.�;e t,�ill be assesseci on the basis oz" their ' . '
lates�� av ailable se�f--propelled �ehicular exposures licenss� in
M:ir�:esot�:.��
Tiler�i o>_•.e; b�� re#iirn TM��.iJ , p�.ease giti�e us th� ntun�er of such v�ehicles� (i�r€�iler� iiot
�i,C ��_ �:'lCi.1.;.C��u� ;�i�ili;ll wil? �:z�a.bl� '�I2c? T'1�I1 �O prepare �}i2 212CeSSc9..T'y F3..5S8aSl�al1'� .iOT'
S�1-'--?���tu.•:.�rs. k.��cor�obila Insur�nca ComN•as�y repar�ti.on ohligors ha.ve alre�d;r rec?iver�
_ _ _ _ _ _ _ _
' - 2 -
' ��.;:'���;�,`_,.�!1
� their portion of this Initial Assessment but we were unable tc- contact the Self-
Insureds until they were certified and .formally identified to us by the Minnesota ,
Insurance Commissioner.
When respo�ding �o this Bulletin No. 1-A, kindly complete and return one copy of �
the attached letter giving the Plan addiiional necessary informa.tion.
Thank you very much for you�T prompt cooperation.
Yours very truly,
J. R. Bechtel, Manager
MINNESOTA AUTOMOBILE ASSIGNED CLAIMS BUREAII
JRB:bm � _
Enclosures: �lppendix I
Articles of Agreement (copy to be returned} -
Plan of Operation ,
Informa.tion Letter (copy to be returned)
,...,
� •
' EXCENPT FROM THE MtNNESOTA NO-F1�ULT
, AUTOMOBILE INSURANCE ACT '���' �Fr�-
��,�� `�
Sec. 23• (ASSIGNED CL�S PLAN) subdivision 1 . Reparation obligors �
providing basic economic loss insurance in this state may or�anize and
maintain, subject to approval and regulation by the comm.issioner, an
a.asigned claims bureau �.nd an assigned claims plan, and adopt rules for
their operation and for the assessment of costs on a fair and equitable
basis consistent with this act. If such obligors do not organize and
continuously maintain an assigned clai�s bureau and an assigned claims
plan in a manner considered by the commi.ssioner of insurance to be con-
- sistent with this act, he shall organize and maintain an assigned claims
bureau and an assigned claims plan. Each reparation obligor providing
basic economic loss insurance in this state shall participate in the
assigned claims bureau and the assigned claims plati. Costs 3ncurred
sha11 ba allocated fairly and equitably among the reparation obligcrs.
Subd.. 2. The assigned claims bureau shall promptly assign each
claim and notii� the claimant of the identity and address of the assignee--
obligor of the claim. Claims shall be assigned so as to minimize incori-
venience to claim2nts. The assignee thereafter has rights and obligations
� �.s i.f he had issued a policy of basic economic loss insurance complying .
with this act applicable to the injuxy or, in case of fi.naneial inability
o�' a rapara-tion obligor �Lo perfor.0 its obiigations, as if t�.e assi.gnee
h�r�z t�rritten �he applicable reparation insurance, undert��l:en the self-
insurance, or lawfully obli.gated.i_tself to pay basic econ�mi.c loss benefits.
� Sec. 2/.: (PERSUNS ENTITLED TO P.ARTICIPATE IN ASS�GNED CLAIMS PI�A�i)
�zbdivision 1 . A person- entitled to basic economic loss benefits because �
of injury covered by this aci; may obtain oasic economic loss Y�enefits -
tYirougYr the assigned claims plan or bureau established �ursvant to s°ction
IIPPENDIX I (a)
23 and in accordance with the pravisions for r�al:ing assigned claims� ��°�"�����
provided in `this act, if: � �
(a) Basic economic loss benefits axe not applicable to the injury
for some reason other than those specified in sections 1g, 19, or 20;
(b) The plan of reparation security applicable to the injury
cannot be identified; or
(c) A claim for basic economic loss benefits is rejected by a
repasation obligor on some ground other than the person is not entitled
to basic economic loss benefits under this act. • ,
S1ibd.. 2. � If a claim qualifies for assignment under subdivision 't
of this section, the assigned claims bureau or any reparation obZigor to
whom the claim is assigned shall be, as provided in section 13, subro-
gated to a11 of the rights of the claimant against any person, including
atiother obligor, who is legally obligated to provide economic loss
benefits to the claimant, for eeonomic loss benefits provided by the
obligar +,•o whom the claim was assigned. -
Su.bd.. 3. A person shall not'be entitled to basic economic loss -
benefits thr�ugh the assigned cl.aims plan �with respect to injury which
� was sustained if at the time of such injury the injured person was the
owner of a private passenger motor vehicle for�wh�ch security is required
u?�:aer this act and .he failed to have such security in effect. Persons .
claiming ben��i�ts as a result of injury to mer�b°rs of the o�mer's -
. . hous�hold shall also be clisqualified from benefits if those members
l�ew or reasonably should have knowii that security covering the vehicle
rras not provided as required by this act.
Sec. 25. (I�.OTIFICATION TO .ASSIGDtED CLELIMS BUREAU) A person author-
APPENDIX I (b)
� * . . .t
r
. � . ���,� �;�
. �. �.��'l�
ized to obtain basic economic loss benefits through the assigned claims
plan sha11 notify the bureau of his claim within one year of the date
on which he receives ��rritten authorization to participate in such plan.
If timely action for basic economic loss benefits is commenced agai.nst
a reparation obligor who is unable to fulfill his obligations under
this act, a clai.m through the assigned cla:�rns plan may be ma,de within �
a reasonable. time after discovery of such inability. , � .
Sec. 26. (CL.AIMS AGAINST WRONG INSURER) If timely action for .
economi.c loss benefits is comanenced against a reparation 'obligor and
benefits a.re d�nied because of a determination that the obligor's '
coverage is not applicable to the claimant under the provisions-of
section 7 on the pr�.ority of applicability oi security, a claa.m against .
a proper obligor or assigned claims plan may be made not later than 90
�.ays after such determination becomes final or the last date on which
the action could otherwise have been commenced, whichever is later. • -
, ��'PEIJDIX T (c) '
� � t'
�������
' MINNESOTA AUTOMOBILE ASSIGIVED CLAIMS BUREAU
523 MARQUETTE AVENUE - ROOM 603
MINNEAf'OLIS, MINNESOTA 55�02
J. R. BECHT'EL, 1r. RETUfZ�T ONE COPY T0:
MANAGER
Minnesota Automobile Assigned Claims Plan
523 Mt�'quette Avenue - Room 603
Minneapolis, Minnesota 55402
Re: Minnesota No-Fau1t Automobile Insurance Act
Self-Insurer Reparation Obli�ors
Dear 5ir: �
Our company is returning herewith one signed copy of the Articles of Agresment and .
is furnishing the Minnesota Automobile Assigned Claim,s Plan with the latest available-
coun.t of self-propelled vehicles licensed to operate in the State of Minnesota�
as requested in the Plan's Bulletin No. 1--A dated January 24 , 1975•
Our latest available count of self-propelled vehicles is ��� .
Yours very truly,
Representative
� Signature
•
Date
' Name, address and title of person(s) to whom future material should be directed:
Mr. Pierre N. Regnier City Attorney
(Name) {iitle)
City of Saint Paul
(Company or Firm Name)
647 City Hall
(Mai1 Ad.dress)
Saint Paul Minnesota 55102
(City) (State) (Zip)
�irea Code �z.nd
Telephon.e No: 298-5121-22
(Note: Please return one copy of thi$ letter promptly to the Minnesota Automobile �
Assigned Claims Plan office) -
d
� i '
�,,4�.� � ;t•�
_ .� �.
C ITY OF SAI NT PAUL
OFFICE OF THE CITY ATTORNEY
Febru.a.ry 13� 1975 PIERRE N. REGNIER
Mayor La.wrence D. Cohen
City of Saint Paul
347 Building
Dear Ma.yor Cohen:
The Legislature, in enacting the No-Fault law, has
required tha.t all self-insurers join an assigned
claims plan. The City of Saint Paul is a certified
self-insurer and must become a member. Enclosed is
the bulletin explaining the plan.
I have prepared a resolution authorizing you to sign
the Articles of Agreement accepting membership and
the information letter which serves as a basis for
the assessment. Please execute the necessary forms
and forward them to the Bureau.
.
V trul y , _ _
....
E. VILLAUME III
Assistant City Attorney
� -
- - � _J:
• FEV:er
Encls.
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City Hall, Saint Paul, Minnesota 55102
612 298-5121