HomeMy WebLinkAboutVIII-09 Declaring Insurance Liability CoverageCITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 11 - - 24
RESOLUTION DECLARING INSURANCE LIABILITY
FOR THE CITY OF HASTINGS
WHEREAS, the City of Hastings obtains liability insurance coverage from the
League of Minnesota Cities; and
WHEREAS, the League requires the City Council to establish the level of
liability insurance coverage by resolution for the City, and;
WHEREAS, the City, since 2010, has opted to not waive the monetary limits on
municipal tort liability established by Minnesota Statues 466.04, and;
NOW, THEREFORE BE IT RESOLVED, that the Hastings City Council does
hereby declare to not waive the monetary limits on municipal tort liability and to not purchase
excess liability insurance.
Adopted this 4th day of November 2024.
Mary D. Fasbender, Mayor
Attest:
Kelly Murtaugh, City Clerk
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League of Minnesota Cities 3/2/2023 Liability Coverage Waiver Form Page 1
LIABILITY COVERAGE WAIVER FORM
Members who obtain liability coverage from LMCIT must decide whether to waive the statutory tort liability limits to
the extent of the coverage purchased. The decision to waive or not waive the statutory tort limits must be made annually by the member’s governing body, in consultation with its attorney if necessary. The decision has the following effects:
•If the member does not waive the statutory tort limits, an individual claimant could recover no more than $500,000 on
any claim to which the statutory tort limits apply. The total all claimants could recover for a single occurrence towhich the statutory tort limits apply would be limited to $1,500,000. These statutory tort limits would applyregardless of whether the member purchases the optional LMCIT excess liability coverage.
•If the member waives the statutory tort limits and does not purchase excess liability coverage, a single claimant couldrecover up to $2,000,000 for a single occurrence (under the waive option, the tort cap liability limits are only waived
to the extent of the member’s liability coverage limits, and the LMCIT per occurrence limit is $2,000,000). The totalall claimants could recover for a single occurrence to which the statutory tort limits apply would also be limited to$2,000,000, regardless of the number of claimants.
•If the member waives the statutory tort limits and purchases excess liability coverage, a single claimant could
potentially recover an amount up to the limit of the coverage purchased. The total all claimants could recover for asingle occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased,regardless of the number of claimants.
Claims to which the statutory municipal tort limits do not apply are not affected by this decision.
LMCIT Member Name: __________________________________________________________________________
______________________________________________________________________________________________
Check one:
☐The member DOES NOT WAIVE the monetary limits on municipal tort liability established by Minn. Stat. §
466.04.
☐The member WAIVES the monetary limits on municipal tort liability established by Minn. Stat. § 466.04, to the
extent of the limits of the liability coverage obtained from LMCIT.
Date of member’s governing body meeting:___________________________________________________________
Signature: _____________________________________________________________________________________
Position: _______________________________________________________________________________________
Members who obtain liability coverage through the League of Minnesota Cities Insurance Trust (LMCIT) must complete and return this form to LMCIT before their effective date of coverage. Email completed form to your city’s underwriter, to pstech@lmc.org, or fax to 651.281.1298.
VIII-09