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07/12/1999 Council Packet
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07/12/1999 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
07/12/1999
Council Meeting Type
Regular
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Agenda Item 3D <br />STAFF ORIGINATOR: Dan Tesch, Director of Administration <br />DATE: 7 July 1999 <br />TOPIC: Consideration of waiving or not waiving monetary limits <br />on tort liability per MN Statute 466.04 <br />BACKGROUND <br />Each year, the City has the option of waving it's monetary limits on tort liability to the <br />extent of the coverage purchased. The decision to waive or not to waive the statutory <br />limits has the following effects: <br />If the city does not waive the statutory tort limits, an individual claimant would be able to <br />recover no more than $300,000 on any claim to which the statutory tort limits apply. The <br />total which all claimants would be able to recover for a single occurrence to which the <br />statutory tort Limits apply would be limited to $750,000. These statutory tort limits would <br />apply regardless of whether or not the city purchases the optional excess liability <br />coverage. <br />If the city does waive the statutory tort limits and does not purchase excess liability <br />coverage, a single claimant could potentially recover up to $750,000 on a single <br />occurrence. The total which all claimants would be able to recover for a single occurrence <br />to which the statutory limits apply would also be limited to $750,000, regardless of the <br />number of claimants. <br />If the city does waive the statutory tort limits igg purchases excess liability coverage, a <br />single claimant could potentially recover an amount up to the limit of the coverage <br />purchased. The total which all claimants would be able to recover for a single occurrence <br />to which the statutory tort limits apply would also be limited to the amount of coverage <br />purchased, regardless of the number of claimants. <br />Claims to which the statutory municipal tort limits do not apply are not affected by this <br />decision. <br />The city carries $1,000,000 in excess liability coverage ($1,000,000 per occurrence and <br />annual limit). <br />The City of Lino Lakes has never waived it's monetary limits on tort liability. <br />
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