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Business Owner Claims 'I have no insurance'

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A

Alrotha

Guest
My mother and I filed a wrongful death suit about 7 years ago for the death of my brother. Now, I am not too familiar with legal terms but I think we filed a DRAMSHOT case against the liquor store. They sold a bottle of whiskey to my brother after hours thru the drive thru window, he was not driving...he simply walked up to the window. Anyway, I found out today that the owner claims to not having insurance at the time of my brother's death, and has since sold his business to someone else. We asked a few other attorneys that my mother knows how we could obtain proof whether or not the owner had insurance at that time. He has signed an affidavit stating he didnt and our calls to the Insurance Commission in Austin, Tx has yielded no results. They claim that info is confidential, but there has to be a way to find out if he had insurance. How can someone own 2 liquor stores in a city and not have any kind of liability insurance? And how can we find out if he did have insurance. Thank you, any help would be greatly appreciated.
 


racer72

Senior Member
Another alcoholic loses his life and the family blames everyone but the alcoholic. No wonder our insurance rates for everything are so high.
 
J

jbodden6977

Guest
A six pack of one, a half dozen of the other -

Sorry about your loss, the loss itself hurts no matter what the cause.
However, drinking should be somewhat like the 'high risk sports' principle, you know it is dangerous, you do it anyway, you should not be able to sue God because you got hurt. :rolleyes:

ON THE OTHER HAND - regardless of the assumption of risks, and one must assume that one presumably already intoxicated is impaired, there are laws - and despite all the grumbling about what the litigation industry have done to and with those laws, there is usually a good and sound reason for each one.
Usually... :eek:
In any case, it is both bad law and policy to allow a business to engage in making a profit by breaking the laws.
I believe that most states also have mandatory laws regarding mandatory insurance for a business, I know that in California a business is REQUIRED to have liability insurance at all times. :cool:
Also objectionable is the fraud that some will conduct under oath pretending that perjury is not a 'real' law, re the sworn affidavit of no insurance.

find the state law library, use google to look up case laws, check public records of the business to find their insurer and talk to them.
 

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