Florida ruling narrows when a bar pays for a drunk driver

Insurance Journal reported on a Florida case where an establishment was sued after a crash involving someone it had served. Florida's liquor liability statute, section 768.125, is narrow by design. A business that serves alcohol is generally only liable if it served a minor or served someone it knew was habitually addicted to alcohol. In this case the plaintiffs also tried to amend their complaint to name a different driver, and the court found that change came too late.

A narrow legal standard is not the same as being covered. If you run a restaurant, bar, event venue, or a shop with a beer and wine license in Florida, look at your general liability policy for a liquor liability exclusion. Most GL forms carve out businesses in the business of serving alcohol, which means the defense of a suit like this one lands on you unless you bought liquor liability coverage separately. Winning still costs money, because defense expenses start the day you are served, not the day a judge rules. Check whether you have the coverage, then check the limit.

An independent agent can read your general liability form for the liquor exclusion, quote liquor liability where it is missing, and re-shop the whole business package at renewal.