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CR 98-42 Authorize Renewal of the League of Mn Cities Insurance Trust PolicyFebruary 3,1998 Supporting Information • Premium Summary • LMCIT liability • verage — waiver form Lon ager Finance Director Council Report 98 -042 AUTHORIZE RENEWAL OF THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST POLICY Proposed Action Staff recommends adoption of the following: Move to renew the League of Minnesota Cities Insurance Trust policy at $147 462 and waive the statutory tort liability limits to the extent of the coverage purchased. Adoption of this motion will result in staff moving forward with the proposed insurance coverage, excluding medical payments coverage. Overview As of January 1, 1998, the statutory municipal tort liability limits increased to $300,000 per claimant, $750,000 per occurrence. In the past the per claimant liability was $200,000 and this limit was automatically waived for municipalities. The new limit of $300,000 is not automatically waived and the city council must make the decision to either waive the tort liability limit or not. Primary Issues to Consider • If the City of Hopkins does not waive the statutory tort limits, an individual claimant would be able to recover no more than $300,000 on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $750,000. These statutory tort limits would apply regardless of whether or not the city purchases the optional excess liability coverage. • If the City of Hopkins waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $750,000 on a single occurrence. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $750,000, regardless of the number of claimants. • The cost of waiving the statutory tort limit is approximately $3,817 and is already included in the cities annual premium amount Staff Recommendation Finance recommends renewal of the policy, excluding medical payments coverage and waiving of the monetary limits on the tort liability established by Minnesota Statutes 466.04, to the extent of the limits of the liability coverage obtained from LMCIT. PREMIUM SUMMARY 1997 1998 PROPERTY 10,299 12,792 INLAND MARINE 3,061 2,931 LIABILITY 83,766 93,159 ERRORS & OMISSIONS 6,298 Incl. AUTO LIABILITY 13,667 17,092 AUTO PHYSICAL DAMAGE 15,645 16,656 CRIME 1,138 1,665 BOILER & MACHINERY 1,982 2,640 Sub Total 135,856 142,862 OPEN MEETING LAW VOLUNTEER AD &D 1,601 375 1,478 375 TOTALS 137,832 148,788 22 COVERAGE PREMIUM 1. $1,000,000 Excess Liability OPTIONS FOR 1998 With Waiver of Immunity 25,669 Without Waiver of Immunity 21,352 2. Medical Payments Savings 1,326 3. "Does Not Waive" Savings 3,817 4. Optional Deductibls Quotes: $1,000 Deductible, additional premium of: 17,572 $2,500 Deductible, additional premium of: 10,250 23 LMCIT LIABILITY COVERAGE - WAIVER FORM Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. The decision to waive or not to waive the statutory limits has the following effects: If the city does not waive the statutory tort limits, an individual claimant would be able to recover no more than $300,000 on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $750,000. These statutory tort limits would apply regardless of whether or not the city purchases the optional excess liability coverage. If the city waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $750,000 on a single occurrence. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $750,000, regardless of the number of claimants. If the city waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. This decision must be made by the city council. Cities purchasing coverage must complete and return this form to LMCIT before the effective date of the coverage. For further information, contact LMCIT. You may also wish to discuss these issues with your city attorney. The City of accepts liability coverage limits of $ from the League of Minnesota Cities Insurance Trust (LMCIT). Check one: The city DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. The city WAIVES the monetary limits on tort liability established by Minnesota Statutes 466.04, to the extent of the limits of the liability coverage obtained from LMCIT. Date of city council meeting Signature Position Return this completed form to LMCIT, 145 University Ave. W., St. Paul, MN. 55103 -2044 Page 1 of 1