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2.4. ERMUSR 05-10-2016
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2.4. ERMUSR 05-10-2016
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City Government
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• Gas, electrical, or steam utilities commission. <br /> • Port authority, HRA, EDA, municipal redevelopment authority, or similar <br /> agency. <br /> • Municipal power or gas agency. <br /> • Airport board or commission. <br /> • Hospital, nursing home, or medical clinic board or commission. <br /> Different types of boards and commissions pose different kinds of coverage <br /> issues and problems. Here are some of the issues, questions, and problems that <br /> arise with some of the more common types of independent city boards and <br /> commissions. <br /> 1. Port authority, HRA, or EDA <br /> An HRA, EDA, and port authority are legally separate political subdivisions. <br /> These are not covered automatically under the city's LMCIT liability <br /> coverage. This is true even if the councilmembers themselves also make up <br /> the board of the political subdivision. Unless the city has specifically <br /> indicated these entities are to be covered, a claim against one of these political <br /> subdivisions would not be covered. The city would also not be covered for <br /> claims against the city which arise from the activities of these entities. <br /> LMCIT offers two ways to provide coverage for the activities of an HRA, <br /> EDA, or port authority. One is having the EDA, HRA, or port authority <br /> named as an additional covered party on the city's coverage. The other is to <br /> have separate coverage issued to the EDA, HRA, or port authority in its own <br /> name. <br /> a. Additional covered party on city's coverage <br /> Cities choosing this approach should keep in mind that since these entities are <br /> separate political subdivisions,theoretically a claimant could collect up to the <br /> Minn.Stat.§466.04. $1.5 million statutory liability limit from both the city and the EDA, HRA, or <br /> port authority if both were involved in a single claim. Since the LMCIT <br /> See Section II.D.1,LMCIT liability coverage limits are $2 million per occurrence regardless of the <br /> primary liability limits. <br /> number of defendants, there is some additional protection but there is a <br /> possibility that the combined liability of the city and the entity could exceed <br /> See Section II.D.3, the limit. One way to address this risk is to obtain the LMCIT excess liability <br /> Purchasing higher liability <br /> limits. coverage. <br /> 93 <br />
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