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515 Little Canada Road, Little Canada, MN 55117 -1600 <br />(612) 484 -2177 / FAX: (612) 484 -4538 <br />MEMORANDUM <br />TO: Mayor Fahey & Members of the City Council <br />FROM: Joel Hanson, City Administrator <br />DATE: December 12, 1997 <br />RE: LMCIT Liability Coverage — Waiver of Statutory Tort Liability Limits <br />MAYOR <br />Michael I. Fahey <br />COUNCIL <br />Beverly Scalze <br />Jim LaValle <br />Steve Morelan <br />Bob Pedersen <br />ADMINISTRATOR <br />Joel R. Hanson <br />Attached is a waiver form relative to liability coverage through the League of Minnesota Cities <br />Insurance Trust (LMCIT) program. You will note that the statutory limits of liability have been <br />increased by the legislature for 1998 from $200,000/$600,000 to $300,000 /$750,000. The <br />League will be providing coverage for these increased limits. <br />In the past, we have declined excess liability coverage (umbrella); relying on the statutory limits <br />of liability for our protection. As you will recall, statutory limits will not protect us in Federal <br />Court for items such as civil rights claims. Our agent has recommended we evaluate combined <br />limits of $750,000 per occurrence, thereby increasing the amount one person can recover from <br />the $300,000 to the $750,000 amount. (The occurrence total would remain at $750,000.) As of <br />yet, we do not have the quote from the League as to what this cost would be. <br />It is my recommendation that if the cost is greater than $1,000, we reject that option and not <br />waive the monetary limits of municipal tort liability established by Minnesota Statutes 466.04. If <br />the amount is less than $1,000, I would recommend that we waive the monetary limits on tort <br />liability and purchase the additional coverage from LMCIT. Given the fact that our renewal <br />quotation will not come until later this month, I would request authority to complete the attached <br />form based on this recommendation. You may want the City Attorney's comments on this <br />matter as well. <br />JRH:kpv <br />Enclosure <br />Page 52 <br />