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Subdivision 1.Mandatory submission to binding arbitration.
The supreme court and the several courts of general trial jurisdiction of this state shall by rules of court or other constitutionally allowable device, provide for the mandatory submission to binding arbitration of all cases at issue where the claim at the commencement of arbitration is in an amount of $10,000 or less against any insured's reparation obligor for no-fault benefits or comprehensive or collision damage coverage.
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Subd. 2.Agreement of reference.
The rules of court may provide that cases which are not at issue, whether or not suit has been filed, may be referred to arbitration by agreement of reference signed by counsel for both sides, or by the parties themselves. Such agreement of reference shall define the issues to be arbitrated and, shall also contain any stipulations with respect to facts submitted or agreed or defenses waived. In such cases, the agreement of reference shall take the place of the pleadings in the case and be filed of record.
Notes of Decisions
State Farm Mut. Auto. Ins. Co. v. Angela Mary Lennartson, Katie Foss, 872 N.W.2d 524 (Minn. 2015).
· cites it 11× “The distinction between fact-finding in a civil action and fact-finding in no-fault arbitration is further highlighted by Rule 32, which provides: “Given the informal nature of no-fault arbitration proceedings, the no-fault award shall not be the basis for a claim of estoppel or…”
Karels v. State Farm Ins. Co., 617 N.W.2d 432 (Minn. Ct. App. 2000).
· cites it 24× “" Minn.Stat. § 65B.525, subd. 1 (1998). "Arbitration is commenced by the filing of the signed" petition form and the payment of the required filing fee.”
Arbitration Between Charboneau v. Am. Fam. Ins. Co., 481 N.W.2d 19 (Minn. 1992).
· cites it 14× “Minn.Stat. § 65B.525, subd. 1, as amended in 1987, provides for mandatory arbitration “where the claim at the commencement of arbitration is in an amount of $5,000 or less * * * for no-fault benefits or comprehensive or collision damage coverage.”
Charboneau v. Am. Fam. Ins. Co., 467 N.W.2d 830 (Minn. Ct. App. 1991).
· cites it 28× “Appellant challenges the trial court's interpretation of Minn.Stat. § 65B.525 (Supp.1987) as not giving arbitrators mandatory jurisdiction to hear claims accrued to an amount in excess of $5,000 at the time of hearing.”
Olson v. Am. Fam. Mut. Ins. Co., 636 N.W.2d 598 (Minn. Ct. App. 2001).
· cites it 10× “Appellant challenges the denial of its motion to dismiss, arguing that the district court lacks subject-matter jurisdiction because respondents are allegedly seeking mandatory premium reductions, and these premium reductions are “no-fault benefits,” subject to mandatory…”
W. Nat'l Ins. Co. v. Thompson, 797 N.W.2d 201 (Minn. 2011).
· cites it 8× “Minn.Stat. § 65B.525, subd. 1. Specifically, it provides: Except as otherwise provided in section 72A.”
Am. Fam. Ins. Grp. v. Kiess, 680 N.W.2d 552 (Minn. Ct. App. 2004).
· cites it 18× “See Minn.Stat. § 65B.525, subd. 1 (2002). In order to bring his claim within the statutory limit, respondent waived approximately $2,600 of the cost of the surgery.”
Onvoy, Inc. v. SHAL, LLC., 669 N.W.2d 344 (Minn. 2003).
· cites it 4× “, Minn. Stat. § 65B.525, R. 10 (Qualification of Arbitrator); Minn.”
Neal v. State Farm Ins. Co., 509 N.W.2d 173 (Minn. Ct. App. 1994).
· cites it 24× “1 Respondent moved the trial court for vacation of the arbitration award, arguing (1) that the arbitrator exceeded the scope of its authority, and (2) that Minn.Stat. § 65B.525, subd. 1 (1990), which compels arbitration of claims under $5000, 2 is unconstitutional.”
Brown v. Allstate Ins. Co., 481 N.W.2d 17 (Minn. 1992).
· cites it 9× “” Minn.Stat. § 65B.525, subd. 1 (1988). We hold that a claimant with a claim in excess of $5,000 at the time the arbitration petition is filed may waive the excess in order to qualify for arbitration.”
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