In Dram Shop Cases, Notice of Claim Provided to Liquor Seller’s Insurer Is Insufficient Notice to Seller, Barring Claim

In Buskey et al. v. American Legion Post #270, an unpublished decision, the Minnesota Court of Appeals affirmed its stance that dram shop action claimants must provide notice of claims to licensees (i.e., “licensed retailers of alcoholic beverages or municipal liquor stores”) within 240 days of retaining an attorney pursuant to the unambiguous language of the Civil Damages Act, Minn. Stat. § 340A.801.  Notice to a licensee’s insurer is not enough, and failure to do so is a bar to any claims.

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