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<br />City of Centerville <br />City Council Meeting <br />February 11,2009 <br /> <br />City Administrator Larson stated that the staff always recommends that the Council <br />not waive the liability limits provided in the State Statues. <br /> <br />City Attorney Glaser strongly recommended that the Liability limits not be waived. <br /> <br />b. Umbrella Limits <br /> <br />City Administrator Larson stated that the City has not historically had an Umbrella <br />Policy, although many other cities do. He stated that he would like a <br />recommendation from City Attorney Glaser. He added that City Attorney Glaser is <br />presenting this issue to the City Council for a decision. <br /> <br />City Attorney Glaser stated that cities do not need this additional coverage because <br />they have Sovereign Immunity and, as long as the City is acting in good faith and <br />according to policy, it cannot be sued. In addition, the City already has coverage in <br />the event a police officer went outside policy limits, and the City got sued. He <br />stated that Umbrella coverage is far in excess of what the City already has. The <br />City already has a combination of the insurance policy from the League and their <br />regular Sovereign Immunity, so they are already immune from most lawsuits. He <br />added that this is something the City can do, but it is not necessary. <br /> <br />Councilmember Broussard Vickers stated that, with the current budget constraints <br />and having to make up for the shortfall the City has, she would not support <br />Umbrella Limits for this year. <br /> <br />Councilmember Fehrenbacher inquired why some cities chose to have this. <br /> <br />City Administrator Larson replied that he believes it could be possible to be sued <br />under some Federal instance, where they do not have to abide by the State's <br />protection for a liability limit. <br /> <br />City Attorney Glaser stated that if a police officer killed someone, the City has <br />coverage through the Police Department. He added that he does not see any <br />circumstance where the City would need the Umbrella coverage. <br /> <br />Discussion ensued. <br /> <br />c. No Fault Sewer Back-up <br /> <br />City Administrator Larson stated that No Fault Sewer Back-up is very much like <br />premises medical payments coverage, which would pay for medical expenses if <br />someone slipped on your property, without you having to prove that there was <br />negligence. He stated that this coverage pay for damage to a basement if the sewer <br />backed up, even if it was not caused by the City being negligent. He added that the <br />downside would be that the claim could later cause a higher insurance premium. <br /> <br />Page 4 of9 <br />4 <br />