7.1. SR 10-20-2008 - Laserfiche WebLink

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~:./% `~,.._.. j~EAGU~ t)I SINN ESUTA ~IT1 ES CONNECTING & 1NNQVATINC st:vc;t: t~a~ RISK MANAGEMENT INFORMATION LMCIT LIABILITY COVERAGE OPTIONS Liability Limits, Coverage Limits, and Waivers LMCIT gives cities several options for structuring their liability coverage. The city can choose either to waive or not to waive the monetary limits that the statutes provide; and the city can select from among several liability coverage limits. This memo discusses these options and identifies some issues to consider in deciding which of the options best meets the city's needs. What are the statutory limits on municipal tort liability? The statutes limit a city's tort liability to a maximum of $400,000 per claimant and $1,200,000 per occurrence. These limits apply whether the claim is against the city, against the individual officer or employee, or against both. What are the coverage limits for LMCIT's basic primary liability coverage? LMCIT's liability coverage provides a limit of $1,200,000 per occurrence, matching the per- occurrence part of the statutory municipal tort liability limit. Under the basic coverage form the $400,000 per claimant part of the statutory liability limit is not waived, so if the statutory limit applies to the particular claim, LMCIT and the city would be able to use that limit as a defense. Beside the overall coverage limit of $1,200,000 per occurrence, there are also annual aggregate limits (that is, limits on the total amount of coverage for the year regardless of the number of claims), for certain specific risks. Aggregate limits apply to the following: Products /com leted o erations $2,000,000 annuall Failure to su 1 utilities $2,000,000 annuall EMF $2,000,000 annuall Limited ollution* $2,000,000 annuall Mold $2,000,000 annuall Land use liti ation** $1,000,000 annuall Em to ers liabilit work com $1,200,000 annuall * Includes sudden and accidental releases of pollutants; herbicide and pesticide application; sewer ruptures, overflows and backups; and lead and asbestos claims. The limit applies to both damages and defense costs. ** Coverage is on a sliding scale percentage basis, and applies to both damages and litigation costs. L>MAC,UIa C71' INNhSC~TACITIES ~as~r~i~~~~s~~-~nv~.r~v~sr i°iit,~:~ tt}51}Z~i-1l(?d enx:{651)81-I'L~;~B 1 N S U ltA N C la TI~U ST s~. 3>~~rt. nth ;:;ujs-ac~a~ rc,i ~ t r:t ~ (fiC1t~} ~~5-t 1~l ~v~n: tv~v~~:t.nar:.e~u~~