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123.92 Civil liability for sale and service of beer, wine, or intoxicating liquor (Dramshop Act)---liability insurance.

Any person who is injured in person or property or means of support by an intoxicated person or resulting from the intoxication of a person, has a right of action for all damages actually sustained, severally or jointly, against any licensee or permittee, whether or not the license or permit was issued by the division or by the licensing authority of any other state, who sold and served any beer, wine, or intoxicating liquor to the intoxicated person when the licensee or permittee knew or should have known the person was intoxicated, or who sold to and served the person to a point where the licensee or permittee knew or should have known the person would become intoxicated. If the injury was caused by an intoxicated person, a permittee or licensee may establish as an affirmative defense that the intoxication did not contribute to the injurious action of the person. The remedy provided by this section shall apply both prospectively, to actions filed on or after July 1, 1992, and retrospectively, to actions pending in trial or appellate courts prior to July 1, 1992.

Every liquor control licensee and class "B" beer permittee, except a class "E" liquor control licensee, shall furnish proof of financial responsibility by the existence of a liability insurance policy in an amount determined by the division.

Section History: Early form

[C73, § 1557; C97, § 2418; C24, 27, 31, 35, 39, § 2055; C46, 50, 54, 58, 62, § 129.2; C66, 71, § 123.95, 129.2; C73, 75, 77, 79, 81, § 123.92]

Section History: Recent form

85 Acts, ch 32, § 57; 86 Acts, ch 1211, § 12; 88 Acts, ch 1158, § 30; 92 Acts, ch 1136, § 1

Internal References

Referred to in § 123.95

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Last update: Mon Jan 27 16:05:08 CST 1997
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