Senate Study Bill 1183 



                                       SENATE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            COMMERCE BILL BY
                                            CHAIRPERSON WARNSTADT)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the use of insurance loss history in the
  2    issuance of dramshop liability insurance.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1993XC 83
  5 av/rj/14

PAG LIN



  1  1    Section 1.  Section 123.92, Code 2009, is amended to read
  1  2 as follows:
  1  3    123.92  CIVIL LIABILITY FOR DISPENSING OR SALE AND SERVICE
  1  4 OF BEER, WINE, OR INTOXICATING LIQUOR (DRAMSHOP ACT) ==
  1  5 LIABILITY INSURANCE == UNDERAGE PERSONS.
  1  6    1.  a.  Any person who is injured in person or property or
  1  7 means of support by an intoxicated person or resulting from
  1  8 the intoxication of a person, has a right of action for all
  1  9 damages actually sustained, severally or jointly, against any
  1 10 licensee or permittee, whether or not the license or permit
  1 11 was issued by the division or by the licensing authority of
  1 12 any other state, who sold and served any beer, wine, or
  1 13 intoxicating liquor to the intoxicated person when the
  1 14 licensee or permittee knew or should have known the person was
  1 15 intoxicated, or who sold to and served the person to a point
  1 16 where the licensee or permittee knew or should have known the
  1 17 person would become intoxicated.
  1 18    b.  If the injury was caused by an intoxicated person, a
  1 19 permittee or licensee may establish as an affirmative defense
  1 20 that the intoxication did not contribute to the injurious
  1 21 action of the person.  The remedy provided by this section
  1 22 shall apply both prospectively, to actions filed on or after
  1 23 July 1, 1992, and retrospectively, to actions pending in trial
  1 24 or appellate courts prior to July 1, 1992.
  1 25    2.  Every liquor control licensee and class "B" beer
  1 26 permittee, except a class "E" liquor control licensee, shall
  1 27 furnish proof of financial responsibility by the existence of
  1 28 a liability insurance policy in an amount determined by the
  1 29 division.  An insurer providing dramshop liability insurance
  1 30 shall not surcharge the premium or decline to insure a
  1 31 licensee or permittee at the location for which the license or
  1 32 permit is issued based on the insurance loss history of a
  1 33 previous licensee or permittee at that location.
  1 34    3.  a.  Notwithstanding section 123.49, subsection 1, any
  1 35 person who is injured in person or property or means of
  2  1 support by an intoxicated person who is under legal age or
  2  2 resulting from the intoxication of a person who is under legal
  2  3 age, has a right of action for all damages actually sustained,
  2  4 severally or jointly, against a person who is not a licensee
  2  5 or permittee and who dispensed or gave any beer, wine, or
  2  6 intoxicating liquor to the intoxicated underage person when
  2  7 the nonlicensee or nonpermittee who dispensed or gave the
  2  8 beer, wine, or intoxicating liquor to the underage person knew
  2  9 or should have known the underage person was intoxicated, or
  2 10 who dispensed or gave beer, wine, or intoxicating liquor to
  2 11 the underage person to a point where the nonlicensee or
  2 12 nonpermittee knew or should have known that the underage
  2 13 person would become intoxicated.
  2 14    b.  If the injury was caused by an intoxicated person who
  2 15 is under legal age, a person who is not a licensee or
  2 16 permittee and who dispensed or gave beer, wine, or
  2 17 intoxicating liquor to the underage person may establish as an
  2 18 affirmative defense that the intoxication did not contribute
  2 19 to the injurious action of the underage person.
  2 20    c.  For purposes of this paragraph subsection, "dispensed"
  2 21 or "gave" means the act of physically presenting a receptacle
  2 22 containing beer, wine, or intoxicating liquor to the underage
  2 23 person whose actions or intoxication results in the sustaining
  2 24 of damages by another person.  However, a person who dispenses
  2 25 or gives beer, wine, or intoxicating liquor to an underage
  2 26 person shall only be liable for any damages if the person knew
  2 27 or should have known that the underage person was under legal
  2 28 age.
  2 29                           EXPLANATION
  2 30    This bill amends Code section 123.92 to prohibit an insurer
  2 31 that provides dramshop liability insurance from surcharging
  2 32 the premium or declining to insure a licensee or permittee at
  2 33 the location for which the license or permit is issued based
  2 34 on the loss history of a previous licensee or permittee at
  2 35 that location.
  3  1 LSB 1993XC 83
  3  2 av/rj/14