270_C167
CGL POLICY'S LIQUOR EXCLUSION INAPPLICABLE TO SALES
DURING FESTIVAL
During "Wilson Daze," a one-day festival
held by the Wilson Fire Department (a Minnesota township), a person
who was already inebriated was served beer and later injured two
persons in a collision when driving home from the event. The injured
parties sued the township.
The Wilson Fire Department had a temporary liquor
license that authorized them to sell beer during an event which
includes contests and games to raise money for the fire department.
The fire department held a liquor liability policy from the Minnesota
Joint Underwriting Association (MJUA) and, as part of the township,
a commercial package policy from Mutual Service Casualty Insurance
Company.(MSI). The MJUA participated with the township to settle
the claims with both injured persons, but MSI denied coverage
based upon their policy's liquor exclusion. Wilson sued to recover
from MSI.
MSI's liquor liability exclusion barred coverage
for losses involving alcohol, but only when the insured was in
the "business of manufacturing, distributing, selling, serving
or furnishing alcoholic beverages.
MSI argued that, the fact that the fire department
held a temporary liquor license during the festival qualified
them as being in the business of selling alcohol. The trial court
found in favor of the Wilson Fire Department and MSI appealed.
Upon appeal the court reasoned that the liquor sales was a one
day, annual activity that neither generated significant income
nor was a significant part of the fire department's or township's
operations. In its opinion, the activity could not reasonably
be interpreted as being in the business of selling or furnishing
alcoholic beverages. The trial court's decision was affirmed in
favor of the township fire department.
Mutual Service Casualty Insurance Company, Appellant
v. Wilson Township Respondent, MnCtApp. No. CO - 99 -898 Filed
December 21, 1999, Affirmed. CCH 2000 Fire and Casualty Cases,
Paragraph 7189. |