2005 Minnesota Statutes - 65B.55 — Application for benefits under plan of security.

     65B.55 Application for benefits under plan of security. 


    Subdivision 1.    Claim notification.  A plan of reparation 
 security may prescribe 
 a period of not less than six months after the date of accident 
 within which an insured or any other person entitled to claim 
 basic economic loss benefits, or anyone acting on their behalf, 
 must notify the reparation obligor or its agent, of the accident 
 and the possibility of a claim for economic loss benefits.  
 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.  The notice may be given in any reasonable fashion. 


    Subd. 2.    Disability or treatment lapses.  A plan of 
 reparation security may provide that in 
 any instance where a lapse occurs in the period of disability or 
 in the medical treatment of a person with respect to whose 
 injury basic economic loss benefits have been paid and a person 
 subsequently claims additional benefits based upon an alleged 
 recurrence of the injury for which the original claim for 
 benefits was made, the obligor may require reasonable medical 
 proof of such alleged recurrence; provided, that in no event 
 shall the aggregate benefits payable to any person exceed the 
 maximum limits specified in the plan of security, and provided 
 further that such coverages may contain a provision terminating 
 eligibility for benefits after a prescribed period of lapse of 
 disability and medical treatment, which period shall not be less 
 than one year.  


    HIST: 1974 c 408 s 15; 1984 c 592 s 55