HF 936

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to alcoholic beverages; imposing civil 
  1.3             third-party liability for damages caused by 
  1.4             intoxication of persons under age 21; prohibiting 
  1.5             certain subrogation claims; prohibiting certain 
  1.6             exclusions from homeowner or renter insurance 
  1.7             policies; proposing coding for new law in Minnesota 
  1.8             Statutes, chapter 340A. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [340A.803] [CIVIL ACTIONS; INTOXICATION OF 
  1.11  PERSONS UNDER AGE 21.] 
  1.12     Subdivision 1.  [RIGHT OF ACTION.] A spouse, child, parent, 
  1.13  guardian, employer, or other person injured in person, property, 
  1.14  or means of support, or who incurs other pecuniary loss by an 
  1.15  intoxicated person under the age of 21 years or by the 
  1.16  intoxication of a person under the age of 21 years, has a right 
  1.17  of action in the person's own name for all damages sustained 
  1.18  against a person who (1) furnished to the person under age 21 
  1.19  years alcoholic beverages that caused the intoxication of the 
  1.20  person, or (2) being in a position reasonably to prevent the 
  1.21  consumption of alcoholic beverages by the person under age 21 
  1.22  years, permitted such consumption and the consumption caused the 
  1.23  intoxication of the person under age 21 years.  All damages 
  1.24  recovered by a minor under this section must be paid either to 
  1.25  the minor or to the minor's parent, guardian, or next friend as 
  1.26  the court directs. 
  1.27     Subd. 2.  [SUBROGATION CLAIMS DENIED.] There shall be no 
  2.1   recovery by any insurance company for any subrogation claim 
  2.2   pursuant to any subrogation clause of the uninsured, 
  2.3   underinsured, collision, or other first party coverages of a 
  2.4   motor vehicle insurance policy as a result of payments made by 
  2.5   the company to persons who have claims that arise in whole or 
  2.6   part under this section.  The provisions of section 65B.53, 
  2.7   subdivision 3, do not apply to actions under this section. 
  2.8      Subd. 3.  [INSURANCE COVERAGE.] No homeowner's insurance 
  2.9   policy or renter's insurance policy in this state may contain a 
  2.10  provision that excludes coverage for any actions under this 
  2.11  section.  A provision that attempts to limit liability coverage 
  2.12  for such claims under this section is void as against public 
  2.13  policy. 
  2.14     Sec. 2.  [EFFECTIVE DATE.] 
  2.15     Section 1 is effective August 1, 1995, and applies to all 
  2.16  causes of action arising on or after that date.