Still No Insurance Agreement Between Town and Kraft Group, Deadline Moved to July 5

After a nearly three hour meeting, the issue of whether the town can be properly protected from liability at Gillette Stadium events at least though this weekend comes down to how much progress can be made by the end of business on July 5.

Returning to a similar proposal from their last meeting, the selectmen voted 4-1 to allow the town manager to determine if an indemnification agreement is in place on or before 5 p.m. on July 5 and is a satisfactory substitute to the insurance conditions previously imposed for the July 6 New England Revolution match. Also, police chief Ed O’Leary must be allowed to maintain his standard authority for law enforcement and the town’s exposure for the deductible under the policy with MIIA shall not exceed $7,500 per a claim for that event only.

John Grey was the only member to vote against the motion.

Like chairman Mark Sullivan did at the July 27 meeting, the selectmen have asked the Kraft Group to cover the rest of the deductible totaling $42,500.

Representatives from the Kraft Group have consistently rejected this proposal as it is not legal for one group to get or cover the costs of insurance for another group they cannot control. In this case, the insurance covers town employees, mainly members of the Foxborough police department assigned to work the event.

As of July 1, the town’s insurance for stadium events contains a $50,000 deductible for each liability claim. This is an increase from the previous deductible of $7,500.

The increase comes in part due to the filing of a class action lawsuit against Foxborough and the police department for denying concert goers their civil rights by placing them in protective custody. The lawsuit is better known as the Weldner-Dutton case.

Alternatives to the selectmen’s proposal included creating a new indemnification agreement that would have capped the town’s liability at $25,000 and the Kraft Group would cover the rest if necessary.

The plan, supported by Grey, appeared to have some support from the board but in the end, the majority of members were more comfortable with the motion to pay $7,500 per claim with no cap.

Another indemnification agreement discussed would have a tier system where the town would cover a certain amount, the Kraft Group would cover another portion, and the two sides would discuss how to split the third part if needed.

In each case, the money would become an issue only if there was a liability claim resulting from the actions of a Foxborough town employee. 

To help lower the town’s liability, Kraft Group officials also agreed to not sell alcohol at the game. Selectman Ginny Coppolla was concern the ban would lead to an increase of alcohol consumption at tailgates before the match.

“Who’s to say no one is going to bring a six pack and sit in their car? If you’re going to allow people to be in the parking lot with alcohol, then alcohol is there,” Coppola said.

Kraft Group general council Jim Cobery responded that the crowds at Revolution games have traditionally been little trouble. 

“It’s a pretty tame crowd. There isn’t going to be a lot of binging,” Cobrey said.

Before the reading of the final motion, selectman Jim DeVellis asked for the alcohol restriction to be removed.

In addition, some members of the Foxborough police department who are assigned to work the event will be placed on the stadium’s insurance. All police officers assigned to the detail will still report to Chief O’Leary, who will continue to be responsible for the security plan as he has for past stadium events.

According to the town bylaws, any event with more than 325 people requires a police detail.

While the selectmen understood that the chance of an incident involving liability taking place during a Revolution match is low, the board was unwilling to take a risk of exposure.

“The soccer games are pretty benign but we’re going to be sitting here Monday saying ‘I can’t believe we did this,’ if something happens,”  DeVellis said.

As both sides continue to find a way to at least allow for Saturday’s soccer game to be legally licensed, those with tickets for concerts at the stadium this summer are anxiously waiting for to see if there will be cancelations.

“We are hearing from children and parents who are getting worked up about the possibility of Taylor Swift getting canceled,” Cobery said.

While no Gillette Stadium events scheduled for July and August have been canceled, the licenses for the Revolution matches, Bon Jovi, Taylor Swift, and Kenny Chesney concerts are contingent on insurance being in place. It is unknown whether Gillette Stadium will attempt to have unlicensed events.