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HomeMy WebLinkAbout4.D.4. Montrary Limits on Tort Liability for LMC Insurance Trust Consent Business 4. D. 4. HA KOPE E TO: Mayor and City Council FROM: Lori Hensen, Deputy City Clerk DATE: 07/21/2015 SUBJECT: Monetary Limits on Tort Liability for LMC Insurance Trust (F) Action Sought The Council is asked to take the position that the City will not waive the monetary limits on tort liability coverage for the upcoming League of Minnesota Cities Insurance Trust (LMCIT) property and liability insurance renewal. Background Each year when the City renews its property and liability insurance, the League of MN Cities Insurance Trust asks whether the City wishes to waive the monetary limits on tort liability established by state law. While this is a routine action, the League specifically requires Council action. The City's past practice has been not to waive the limits and that is staffs' recommendation for the upcoming year as well. Assuming the Council does not waive the limit, there would be a liability limit of $500,000 for a single claimant and $1,500,000 for all claimants for a single occurrence. Budget Impact If the Council chooses not to waive coverage, there is no financial impact. Conversely, if it does waive coverage limits, there would be an additional (undetermined) cost for increased insurance premiums. Requested Action If the Council concurs, it is asked to elect not to waive the monetary limits on tort liability, as established by Minnesota Statute 466.04. Attachments: Waiver Form 0 0 LEAGUE OF CONNECTING &INNOVATING MINNESOTA SINCE 1913 CITIES LIABILITY COVERAGE — WAIVER FORM 1 LMCIT members purchasing coverage must complete and return this form to LMCIT before the effective date of the coverage.Please return the completed form to your underwriter or email to pstech@Imc.org This decision must be made by the member's governing body every year. You may also wish to discuss these issues with your attorney. League of Minnesota Cities Insurance Trust(LMCIT)members that obtain liability coverage from LMCIT must decide whether to waive the statutory tort liability limits to the extent of the coverage purchased. The decision has the following effects: If the member does not waive the statutory tort limits,an individual claimant would be able to recover no more than $500,000 on any claim to which the statutory tort limits apply. The total all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to$1,500,000. These statutory tort limits apply regardless of whether the city purchases the optional excess liability coverage. If the member waives the statutory tort limits and does not purchase excess liability coverage,a single claimant could potentially recover up to$2,000,000 for a single occurrence.(Under this option,the tort cap liability limits are waived to the extent of the member's liability coverage limits, and the LMCIT per occurrence limit is$2 million.)The total all claimants would be able to 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 would be able to recover for a single 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 Minnesota Statutes, Section 466.04. ❑ The member WAIVES the monetary limits on municipal tort liability established by Minnesota Statutes,Section 466.04 to the extent of the limits of the liability coverage obtained from LMCIT. Date of city council/governing body meeting Signature Position 145 UNIVERSITY AVE.WEST PHONE:(651)281-1200 FAX:(651)281-1299 ST. PAUL,MN 55103-2044 TOIL FREE:(800)92S-1122 WEB:WWW.IMC.ORQ TENTATIVE AGENDA Shakopee Economic Development Authority Regular Session 7:00 p.m. July 21, 2015 LOCATION Council Chambers City Hall 129 Holmes Street South 1. Roll Call 2. Approval of the Agenda 3. Consent Business A. EDA Bill List B. EDA Minutes 4. General Business A. Commercial Exterior Improvement Program Loan -- Shelly's Boutique and Bridal 5. Adjourn to Tuesday, August 18, 2015 at 7:00 p.m. Note to EDA Members: If you have any questions or need additional information on any of the above items, please call Samantha DiMaggio prior to the meeting at(952)233-9317.