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The policy would have to include a minimum $250,000 cap for cases in which one person is injured or killed, and $500,000 cap for injuries or deaths involving multiple people. The bill received initial approval in the House last week.

State law doesn’t require bars to purchase liability insurance but 88 cities and towns require such policies as a condition of licensing, Koutoujian said. The bill, if passed, would make such insurance mandatory for bar owners across Massachusetts. He estimated that 30 to 40 percent of establishments statewide have a policy that would meet the requirements in the bill.

In a 1996 case the parent company of a tavern in Franklin County was found liable for over-serving a patron who later caused a car accident. In that case, the Appeals Court raised concern about the bar’s lack of a liability insurance policy.

All establishments licensed to serve alcohol on-premises would be required to purchase a liability insurance policy under a proposal advancing in the Massachusetts House of Representatives.

“Without doubt, the defendants’ decision not to maintain a liability policy protecting those members of the public injured as a result of the prohibited service of intoxicating beverages to an intoxicated person is troubling,” according to the ruling.

Koutoujian cited a series of cases in Massachusetts in which restaurants and bars received six-figure penalties in cases of injury or death decided by state courts. For example, in 2003, the Appeals Court ruled against Father Huddle’s Café, a Boston-based establishment, after a patron fleeing an altercation was struck and killed by a moving car. The bar was uninsured.

Peter Christie, president and CEO of the Massachusetts Restaurant Association, said the proposed legislation would have little effect because “most people have those policies.”

“The bottom line is, there are a lot of things a restaurant can’t do. You need that kind of insurance,” he said. The burden of proof is on you as an operator to disprove the theory that you over-served the person. “God only knows what goes on between when they’ve left your place and if they’ve caused some kind of a tragic accident on the highway and then you get sued as the last place having served them. One is to sell alcohol to a minor and another is to serve alcohol to a person who’s visibly intoxicated. It’s very costly and it can be very expensive.”

“Also, compellingly, what’s very disturbing about this is employees themselves can be held civilly responsible or liable for the very acts they might assume or think their employer has protected,” he said.

The bill (H 947), filed by Rep. Peter Koutoujian, chairman of the Financial Services Committee, would require such policies to be in place in order for an establishment to receive or renew its liquor license.

Koutoujian said he worried that without such protection, bars are subject to unaffordable financial penalties and even closure if they are connected to any injuries, accidents or deaths that result from their service of alcohol.

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