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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 423-S.F.No. 1733 
                  An act relating to alcoholic beverages; imposing civil 
                  third-party liability for damages caused by 
                  intoxication of persons under age 21; prohibiting 
                  certain subrogation claims; excluding certain 
                  homeowner's insurance coverage; proposing coding for 
                  new law in Minnesota Statutes, chapter 340A. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
                             SOCIAL HOST LIABILITY 
           Section 1.  [340A.90] [CIVIL ACTION; INTOXICATION OF PERSON 
        UNDER AGE 21.] 
           Subdivision 1.  [RIGHT OF ACTION.] (a) A spouse, child, 
        parent, guardian, employer, or other person injured in person, 
        property, or means of support, or who incurs other pecuniary 
        loss, by an intoxicated person under 21 years of age or by the 
        intoxication of another person under 21 years of age, has for 
        all damages sustained a right of action in the person's own name 
        against a person who is 21 years or older who: 
           (1) had control over the premises and, being in a 
        reasonable position to prevent the consumption of alcoholic 
        beverages by that person, knowingly or recklessly permitted that 
        consumption and the consumption caused the intoxication of that 
        person; or 
           (2) sold, bartered, furnished or gave to, or purchased for 
        a person under the age of 21 years alcoholic beverages that 
        caused the intoxication of that person. 
           This paragraph does not apply to sales licensed under this 
        chapter.  
           (b) All damages recovered by a minor under this section 
        must be paid either to the minor or to the minor's parent, 
        guardian, or next friend as the court directs. 
           (c) An intoxicated person under the age of 21 years who 
        caused the injury has no right of action under this section.  
           Subd. 2.  [SUBROGATION CLAIMS DENIED.] There shall be no 
        recovery by any insurance company for any subrogation claim 
        pursuant to any subrogation clause of the uninsured, 
        underinsured, collision, or other first-party coverages of a 
        motor vehicle insurance policy as a result of payments made by 
        the company to persons who have claims that arise in whole or in 
        part under this section. 
           Subd. 3.  [COVERAGE EXCLUDED.] (a) There shall be no 
        coverage for liability created under this section under 
        homeowner's insurance as defined under section 65A.27 unless: 
           (1) specifically covered in a policy; or 
           (2) covered by a rider attached to a policy. 
           (b) This subdivision expires on December 31, 2001. 
           Presented to the governor April 14, 2000 
           Signed by the governor April 18, 2000, 10:35 a.m.