2.4. ERMUSR 05-10-2016 - Laserfiche WebLink

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• Costs for legal counsel selected jointly by the city and LMCIT to represent the city. • Necessary legal fees for counsel to represent the city which the city incurs prior to reporting the litigation to LMCIT (these fees are covered at 50 percent). • Necessary litigation expenses other than legal fees. • Most damages the city is required to pay. • Supplementary payments, including up to $200,000 of statutory attorney's fees. Most money damages that might be awarded against the city are covered as well. This specifically includes two types of damages that are frequently excluded under conventional liability insurance policies: • Awards of attorney's fees in federal civil rights or state human rights actions. • "Temporary taking"damages; inverse condemnation damages awarded for the claimant's loss of use of property prior to the time that a land use regulation has been ruled by a court to be unconstitutional as a"taking" of property. The following types of monetary damages that might be awarded against the city are not covered: • Exemplary or punitive damages or attorney's fees awarded against a city officer or employee,unless he or she was acting within his/her duties and not guilty of malfeasance, willful neglect of duty, or bad faith. • Fines or penalties. • The cost of complying with an injunction or similar order. • Repayment of any taxes, assessments, fees, or other charges that the city wrongfully collected, or any interest on that repayment. • Amounts paid for the permanent acquisition of property or property rights, or for the right to permanently enforce a land use regulation or restriction. • Amounts owed pursuant to the explicit terms of any contractual obligation, including but not limited to city debt obligations. • With respect to any litigation relating to city debt obligations, any profit, advantage or remuneration to which the covered party was not legally entitled. 80