Selectmen and Kraft Group Remain at Stalemate Over Stadium Insurance

In the end, the only thing that could be agreed upon during a two hour meeting between the Foxborough Board of Selectmen and the Kraft Group was another meeting.

With time ticking away to find a insurance agency to cover the town during Gillette Stadium events, very little, if any progress was made as both sides remained at a standstill.

The issue at hand comes down to an increase in the deductible for stadium events by the town’s current provider of insurance  Massachusetts Interlocal Insurance Agency (MIIA). Before July 1, the deductible for each claim from a stadium event is $7,600. After July 1, the deductible goes up to $50,000.

With the town threatened with a class action lawsuit by people detained at Gillette Stadium, an increase to $50,000 places the town with a liability is it not willing to take on and forces the town to find a new insurance provider with a lower deductible. 

“We can’t let the town be on the hook in case something happens. I don’t want to expose the town of Foxboro to the $50,000 deductible in case something happens,” Selectman Ginny Coppola said.

With the months-long dispute quickly reaching the original deadline of June 30, both the town and Kraft Group officials have scrambled to find a solution that could allow for the town to be insured from any incidents that may occur at the stadium.

While both officials from the town and the Kraft Group are looking for a new insurance plan, the process takes at least 30 days and with a Revolution game on July 6, time is running out.

“This is a little bit of uncharted territory. We got an event coming up and a class action lawsuit coming up,” Selectman Jim DeVellis said.

Attempts by the Kraft Group to buy insurance on behalf of the town failed because the group could not legally buy insurance for an entity they can't control. While they could not buy insurance to cover the town during stadium events, they did make attempts to help the town find a new insurance provider.

Kraft Group Town Council, Jim Cobery pointed the finger at Town Manager Kevin Paicos for not sending the Kraft Group required documents, causing a delay in the process. A charge, that did not sit well with the board.

“I see how hard everyone is working and it’s not really fair to throw Kevin (Paicos) under the bus like this,” Selectman Lorraine Brue said.

Chairman Mark Sullivan added that he wanted to see more evidence of the accusation towards the town manager.

“I can’t take this hearsay. If you’re going to make a statement you need to prove it,” Sullivan said.

Cobery added that he believed that Paicos could have resolved this earlier and said he had emails to back his claim.

Paicos was not present at the meeting as he is on military leave.

If the issue is not resolved and the town does not feel they are protected from liability, the licenses for New England Revolution Soccer games, Bon Jovi (July 20), Taylor Swift (July 26 and 27), and Kenny Chesney (Aug. 23 and 24) would not be issued as their approval was contingent on the purchasing of new insurance.

A request for a 30 day extension of the current insurance place was rejected by MIIA.

Sullivan proposed that the Kraft Group should cover the deductible for the Revolution game on July 6 to buy more time to purchase a policy for the bigger concerts. The request came after Kraft Group officials on hand mentioned the low key nature of the soccer matches.

“Pony up the deductible, it gives you another 14 days to come though with the plan,” Sullivan said. “To pony up the deductible for one soccer event doesn't seem like a lot to ask to me.

Cobery rejected the idea in no uncertain terms.

“Unfortunately we can’t do that,” Cobery said. “As calm as the soccer matches are, we are not in the insurance business.”

When it was suggest that the stadium should provide their own security for the game and only call Police Chief Ed O’Leary if there is a major incident, acting Town Manager Bob Cutler was quick to point out that the bylaws could not allow for it. Sullivan added that a police detail is required for any event with more than 350 people.

The meeting was ended shortly after John Grey issued a motion to modify the previous votes taken by the board approving the applications for the five concerts and the soccer matches by extending the second condition of such approves regarding obtaining liability insurance for such events insuring both the applicant (Kraft Group) and the town. The applicant shall provide such insurance not later than July 5, 2012 in a form satisfactory to this Board. All remaining conditions of said application approvals remain in full force and effect.

The motion passed 4-1 with Mark Sullivan voting no.

The next meeting between the two groups will be held on either July 2 or 3.