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�j <br /> Elk = - Request for Action <br /> River <br /> To Item Number <br /> Mayor and City Council 4.10 <br /> Agenda Section Meeting Date Prepared by <br /> Consent Aril 20, 2015 Lori Ziemer,Asst. Finance Director <br /> Item Description Reviewed by <br /> Annual Election Not to Waive the Statutory Tort Tim Simon, Finance Director <br /> Limits for Liability Insurance Peter Beck, City Attorney <br /> Reviewed by <br /> Cal Portner, City Administrator <br /> Action Requested <br /> Elect, by motion, not to waive the statutory tort limits for liability insurance. <br /> Background/Discussion <br /> The city secures its liability, property, casualty, automobile and workers compensation insurance coverage <br /> through the League of Minnesota Cities Insurance Trust (LMCIT). As a condition of insurance policy <br /> renewal the city must annually execute an "LMCIT Liability Coverage Waiver Form" and: <br /> 1. Determine whether to waive the statutory liability limits; and <br /> 2. Determine whether to acquire excess liability insurance coverage. <br /> As established by Minnesota Statute 466.04, the statutory liability limits for claims that occur after July 1, <br /> 2009, are $500,000 per claimant and $1,500,000 per occurrence. <br /> Annually the City Council must review and make an election of one of the following three options (claims <br /> to which the statutory municipal tort limits do not apply are not affected by this decision): <br /> 1. Not to waive the statutory tort limits —staff recommendation <br /> ■ If the city does not waive the statutory tort limits, an individual claimant would be <br /> able to recover no more than $500,000 on any claim and the total for a single <br /> occurrence would be limited to $1,500,000 to which the statutory tort limits apply. <br /> 2. Waive the limits and not purchase excess liability coverage <br /> ■ If the city waives the statutory tort limits and does not purchase excess liability <br /> coverage, a single claimant could potentially recover up to $2,000,000 on a single <br /> occurrence. <br /> 3. Waive the limits and purchase excess liability coverage <br /> ■ If the city waives the statutory tort limits and purchases excess liability coverage, a <br /> single claimant could potentially recover an amount up to the limit of the coverage <br /> purchased. <br /> On June 3, 2013, the City Council approved Resolution 13-34 electing not to waive the statutory tort <br /> limits for liability insurance. This resolution allows the statutory tort limits to remain in place until the <br /> Council changes this election. Again, staff recommends approving Option 1 not to waive the statutory <br /> limits. <br /> p 0 W I R E a 0 <br /> NA UREJ <br />