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HomeMy WebLinkAboutVI-04 - Declaring Insurance Liability Coverage City Council Memorandum To: Mayor Hicks & City Councilmembers From: Julie Flaten, Administrative Services Director Date: December 17, 2018 Item: Liability Coverage - Waiver Council Action Requested: Approve the resolution to not waive the monetary limits on tort liability established by MN Statues 466.04, to the extent of the limits of liability coverage obtained by the League of Minnesota Cities Insurance Trust. Background Information: The City’s insurer, the League of Minnesota Cities Insurance Trust (LMCIT), requires that the City Council make an affirmative action whether or not they will waive the monetary limits on tort liability established by MN Statues 466.04 to the extent of the limits of liability coverage obtained by the LMCIT. Since 2010 City Council has chosen not to waive the tort immunity, which limits an individual to recover no more than $500,000 on any claim to which the tort immunities apply. The single occurrence limit under state law in $1,500,000. If the City Council were to waive the tort immunity, an individual could collect or recover up to the per occurrence limit. The premium impact would be approximately an increase of 3% if the tort immunity was waived. Financial Impact: Premium savings Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: Resolution VI-04 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION 12-XX-18 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 17th day of December 2018, _______________________________ Paul Hicks, Mayor Attest: _____________________ Julie Flaten, City Clerk VI-04