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SH"L+E <br /> w <br /> REQUEST FOR COUNCIL ACTION <br /> Date: 1/09/12 <br /> Item No.: 7 •h <br /> Department Approval City Manager Approval <br /> Item Description: Consider Not Waiving Statutory Liability Limits <br /> BACKGROUND <br /> Minnesota Statute 466.04 states that liability of any municipality on any one claimant shall not exceed <br /> 3 $500,000 when the claim is for death,wrongful act, or omission; and shall not pay more than$1,500,000 <br /> 4 for claims arising out of a single occurrence. <br /> 5 <br /> 6 State Statute provides municipalities the opportunity to waive the individual statutory limit. By waiving the <br /> 7 statutory limit,there is no limit on the settlement a claimant(s)may receive. The City's Liability Insurance <br /> 8 provider requires a formal action by the City Council designating their intentions. <br /> 9 POLICY OBJECTIVE <br /> '1 0 Not applicable. <br /> 1,1 FINANCIAL IMPACTS <br /> 1 d"? Waiving the Statutory limits would create greater risk and carry the potential for higher insurance payouts <br /> '1 3 on claims brought against the City. <br /> '1 r° STAFF RECOMMENDATION <br /> '1 5 Staff recommends the Council NOT waive the Statutory Liability Limits. <br /> '1 6 REQUESTED COUNCIL ACTION <br /> 1��7 Motion to NOT waive the Statutory Liability Limits. <br /> '18 <br /> Prepared by: Chris Miller,Finance Director <br /> Attachments: A: N/A <br /> '1 9 <br /> Page 1 of 1 <br />