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STK Enterprises11/15/2000
liquor laws to demonstrate that it did not act for a discriminatory reason. That is, the role of the liquor laws was as a defense to the underlying plaintiffs' claims of illegal racial discrimination, and not as a basis for recovery. If plaintiff were successful on that defense, the result would be that it would avoid liability to the underlying plaintiffs. In the absence of that liability, there would be nothing for which plaintiff could seek indemnity from defendant. If plaintiff were unsuccessful on that defense, the underlying plaintiffs would recover on a basis other than the liquor laws, and defendant would have no duty to indemnify plaintiff for the resulting judgment. In short, because the liquor laws are relevant only as a defense rather than as a basis for plaintiff's liability, defendant had no duty to indemnify it under the liquor liability provisions of the policy.
Affirmed.
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