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the courts have ruled that reunions are a “business” and Homeowners policies invariably exclude coverage for commercial ventures 6. Liquor laws vary from county to county - thus in some counties you cannot legally serve liquor, wine, or spirits from anything except 2 oz bottles. In others, you cannot buy a drink at the lounge and legally carry it across the hall into the hospitality room, because the connecting hallway is not licensed (a felony) 7. Even if you have the hotel put in a cash bar, if someone causes damage or injury, the planner may still be liable because the planner did not escort the offender to his/her hotel room.


Does this cover it?


Thanks and I guess I thought if people brought their own and kept it in their room we were out of the woods. According to this it is not the case. How can anyone stop another person from drinking or smoking does not make sense to me.


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Continued from page 28


We’ve written about this so many times, I cannot even recollect the last time I did. However, fact is that there have been thousands of lawsuits with respect to serving liquor at meetings. Court decisions are nearly unanimous in that:


1. If anyone attends and has too much, and then causes property damage or personal injury, the planner is equally at fault. 2. Awards are based on who owned the liquor before it was served, and who served it. If the group brought their own


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liquor in, the planner is liable and he is the one who gets the judgment against him. 3. One of the ways the planner can avoid much of the liability is to be sure it is served by a licensed bartender 4. Having a glass or dish where people taking or having drinks served kick in a buck or even a quarter is tantamount to serving liquor without a license—a felony in every state—and the planner is liable (he’s the one that goes to jail)


5. Extended Liability Homeowners Insurance is NOT protection because


I think you misunderstood. If an attendee brings his/her own alcoholic beverage to his/her hotel room, that does not affect the planner. Tat hotel room becomes that attendee’s home (or castle). Whatever the attendee does there is the attendee’s responsibility. Te problem for the planner, as I outlined it, is when that attendee over-consumes IN THE HOSPITALITY ROOM.


Tis liability was recently extended in a case where an attendee over-imbibed, and the planner failed to escort that person to a place of relative safety—deemed by the court in this case to be the hotel room. Tis case really disturbed me because there have been a number of cases where the person having too much to drink, went to the hotel room, lay down, lit a cigarette, fell asleep, and started a fire.


Te only other situation I am aware of is the case where:


1) An attendee, whether under the influence or not, although much worse if, causes personal injury to a person in the hotel or property damage to the hotel, and


2) Te planner has agreed to a Hold Harmless or Indemnification Clause in the contract.


Tat is why I advise planners to avoid signing a contract with a Hold Harmless clause. If they have to sign such a clause, at the very least it should be mutual, so that the reunion group is legally protected if another guest or employee hurts a reunion attendee or damages their property (include valet-parked cars).


As you can see, it is more complicated than simply a question of whether the group brings booze or not - there is absolutely no question, however, that the PLANNER is better protected from liability by having the hotel serve any liquor, wine, spirits, beer etc in the hospitality room.


Note that the closest thing to 100% protection is coverage as supplied under the umbrella policy provided through AMRF (a non-profit veterans’ organization). For further information about AMRF, contact marc@reunionfriendly. com


I plan to go to the next WorkFAM©


. What con-


stitutes the “additional requirements” needed for certification?


Just send us a copy of a contract you negotiated AFTER attending. Tat’s all you need, unless you have not followed through on what you learned.


R E U N I O N F R I E N D L Y N E W S • Winter, 2011-2012


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