HomeMy WebLinkAboutResolution 2005-130
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2005-130
RESOLUTION REGARDING TORT LIABILITY
NON- WAIVER OF MONETARY LIMITS
WHEREAS, the City of Lake Elmo obtains its liability coverage from the League
of Minnesota Cities;
WHEREAS, as part of the renewal process, the City must decide whether or not
to waive the monetary limits on municipal tort liability as established under Minnesota
Statutes §466.04;
WHEREAS, the City Council has reviewed the options to waive the coverage,
purchase excess liability coverage and decide not to waive the monetary limits;
NOW, THEREFORE, The City Council shall not waive the monetary limits on
municipal tort liability under Minnesota Statutes §466.04.
ADOPTED, by the Lake Elmo City Council on December 06, 2005.
Dean Johnston, Mayor f
LEAGUE OF I JNESOTA CITIES INSURANCE T' ;ST
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 $1,000,000. 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 $1,000,000, 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 $1,000,000., 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.
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 /Date Position
Return this completed form to LMCIT, 145 University Ave. W., St. Paul, MN. 55103-2044
LMCIT (I II00)(Rev.11 /03) Page 1 of I