SF 1733

3rd Engrossment - 81st Legislature (1999 - 2000) 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; excluding certain 
  1.6             homeowner's insurance coverage; proposing coding for 
  1.7             new law in Minnesota Statutes, chapter 340A. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9                        SOCIAL HOST LIABILITY 
  1.10     Section 1.  [340A.90] [CIVIL ACTION; INTOXICATION OF PERSON 
  1.11  UNDER AGE 21.] 
  1.12     Subdivision 1.  [RIGHT OF ACTION.] (a) A spouse, child, 
  1.13  parent, guardian, employer, or other person injured in person, 
  1.14  property, or means of support, or who incurs other pecuniary 
  1.15  loss, by an intoxicated person under 21 years of age or by the 
  1.16  intoxication of another person under 21 years of age, has for 
  1.17  all damages sustained a right of action in the person's own name 
  1.18  against a person who is 21 years or older who: 
  1.19     (1) had control over the premises and, being in a 
  1.20  reasonable position to prevent the consumption of alcoholic 
  1.21  beverages by that person, knowingly or recklessly permitted that 
  1.22  consumption and the consumption caused the intoxication of that 
  1.23  person; or 
  1.24     (2) sold, bartered, furnished or gave to, or purchased for 
  1.25  a person under the age of 21 years alcoholic beverages that 
  1.26  caused the intoxication of that person. 
  2.1      This paragraph does not apply to sales licensed under this 
  2.2   chapter.  
  2.3      (b) All damages recovered by a minor under this section 
  2.4   must be paid either to the minor or to the minor's parent, 
  2.5   guardian, or next friend as the court directs. 
  2.6      (c) An intoxicated person under the age of 21 years who 
  2.7   caused the injury has no right of action under this section.  
  2.8      Subd. 2.  [SUBROGATION CLAIMS DENIED.] There shall be no 
  2.9   recovery by any insurance company for any subrogation claim 
  2.10  pursuant to any subrogation clause of the uninsured, 
  2.11  underinsured, collision, or other first-party coverages of a 
  2.12  motor vehicle insurance policy as a result of payments made by 
  2.13  the company to persons who have claims that arise in whole or in 
  2.14  part under this section. 
  2.15     Subd. 3.  [COVERAGE EXCLUDED.] (a) There shall be no 
  2.16  coverage for liability created under this section under 
  2.17  homeowner's insurance as defined under section 65A.27 unless: 
  2.18     (1) specifically covered in a policy; or 
  2.19     (2) covered by a rider attached to a policy. 
  2.20     (b) This subdivision expires on December 31, 2001.