STATE LAW – MINNESOTA LIBRARY – GUIDE 09

Minnesota Claims Handling & Insurance Bad Faith

Minnesota separates first-party statutory insurer-conduct remedies from no-fault payment rules and from third-party failure-to-settle exposure. The correct cause of action depends on the relationship and conduct at issue.

VG-TOPIC-09Reviewed Oct. 4, 2026
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Claims Handling

Section 604.18 is Minnesota’s principal first-party insurer-conduct remedy

Minn. Stat. § 604.18 permits specified taxable costs when an insurer lacked a reasonable basis for denying benefits and knew or recklessly disregarded the lack of a reasonable basis, subject to the statute’s procedure and limits.

Peterson defines the two-part standard

Peterson v. Western National Mutual Insurance Co., 946 N.W.2d 903 (Minn. 2020), interprets the objective and subjective components of § 604.18. An incorrect coverage position does not automatically satisfy the statutory standard.

No-fault payment rules are separate

Minn. Stat. § 65B.54 provides that basic economic loss benefits are overdue if not paid within 30 days after the reparation obligor receives reasonable proof of the fact and amount of loss, subject to the statute’s accumulation rule. Overdue payments bear 15% simple annual interest. Rejections must be communicated in writing with the reason.

Small no-fault disputes may go to mandatory arbitration

Section 65B.525 requires binding arbitration for qualifying no-fault, comprehensive, or collision claims at issue in the amount of $10,000 or less at the commencement of arbitration. Minnesota’s No-Fault Arbitration Rules were amended effective August 4, 2026, creating a standing maintenance item.

Keep third-party settlement duties separate

Section 604.18 is not a substitute for the separate common-law doctrine governing a liability insurer’s handling of settlement opportunities when its insured faces excess exposure.

Bottom line. Match the conduct to the remedy: § 604.18 for qualifying first-party insurer conduct, §§ 65B.54/.525 for no-fault payment/arbitration issues, and separate common law for third-party settlement exposure.

Authorities

Primary Minnesota authority for this topic

Use the current statute, controlling decisions, and operative policy before legal reliance.

First-party remedy

Minn. Stat. § 604.18

Creates Minnesota’s statutory first-party insurer-conduct taxable-cost remedy.

Minnesota Revisor →

§ 604.18 standard

Peterson v. Western National

Minnesota Supreme Court authority interpreting the objective and subjective statutory elements.

Minnesota Supreme Court →

No-fault payment / arbitration

Minn. Stat. §§ 65B.54, 65B.525

Provides 30-day overdue-payment rules, 15% interest, written rejection requirements, and mandatory arbitration for qualifying claims of $10,000 or less.

Minnesota Revisor →

Need the bigger picture? Use the citizen roadmap to see where this Minnesota issue fits in the crash-to-closure process, or open the glossary when an insurance or litigation term is unfamiliar.