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2.4. ERMUSR 05-10-2016
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2.4. ERMUSR 05-10-2016
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LMCIT Contract Review <br /> Service. Cities should talk to their city attorney when developing written agreements <br /> Chris Smith,LMCIT Risk and contracts. LMCIT will review defense and indemnification provisions <br /> Management Attorney: <br /> csmith@lmc.org or free of charge in order to help protect the city's interests. <br /> 651.281.1269. <br /> If the city hires an alcohol vendor or allows a vendor to sell alcohol on city <br /> premises, another protection would be to have the city be named as an <br /> additional insured on the vendor's liquor liability insurance policy. The city <br /> should also consider being named as an additional insured on a general <br /> liability insurance policy of a group serving alcohol on city premises. This <br /> means the city would be covered automatically under the other party's policy <br /> and would not depend upon any interpretation of language in any agreement. <br /> If the city requires this, it should follow up by requiring a certificate of <br /> insurance that shows the city was actually named as an additional insured. <br /> There have been cases where a party agreed to do this but never contacted its <br /> insurance company. <br /> Generally, cities do not require the additional insured status if their only <br /> contact with the alcohol sales is that they license the seller. The city's risk is <br /> remote in that type of situation. <br /> L. Medical payments <br /> Many cities carry premises medical coverage. Premises medical coverage <br /> See Section IILU, <br /> Volunteers. provides a relatively small amount of coverage for medical expenses to <br /> anyone whom may be injured by a condition on city-owned property. This is <br /> no-fault coverage which means the injured person receives the benefit without <br /> having to show the injury resulted from the city's negligence. The coverage <br /> limits are $2,500 per person and $10,000 per occurrence. Essentially it is <br /> meant to cover medical costs that an individual might otherwise be <br /> responsible for under the deductible on his or her health coverage. <br /> Some question whether there is a valid purpose for cities to pay these funds in <br /> situations when the city is not legally liable. Others argue the payments <br /> provide a simple and inexpensive way to possibly head off what might turn <br /> into a more expensive liability claim. LMCIT therefore gives the city the <br /> option to delete this coverage if it's not wanted. <br /> M. Open meeting law and bankruptcy lawsuits <br /> Coverage for open meeting law(OML) and bankruptcy lawsuits is <br /> automatically issued to any member that has LMCIT liability coverage. It is <br /> called defense cost reimbursement coverage and provides defense protection <br /> Minn.Stat.§ 13D. to city officials that may be accused of violating the OML or to city officials <br /> involved in a city bankruptcy lawsuit. <br /> 88 <br />
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