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<br />What claims are covered by the cap? <br />Any tort liability claims. <br />Wrongful death. <br /> <br />Personal injury. <br />Negligence. <br /> <br />Dram shop. <br /> <br />Nuisance. <br /> <br />Trespass. <br /> <br />Indemnification <br />Subject to the tort cap limits in Minn. Stat. §466.04, a city must defend and indemnify any <br />employee or official whether elected or appointed, for damages claimed against the employee or <br />official, provided that the employee or officialwas: <br />Actingin the performance or scope of the duties of the position. <br />Notguilty of malfeasance, willful neglect of duty,or bad faith. <br />City employees or officials are often personally named as defendants in lawsuits, as well as the <br />city. Subject to the above limitations, the city must indemnify and defend the employee or official. <br />Which Claims are Not Covered by the Cap? <br />Non-tort claims <br />Breach of contract. <br />Eminent domain/condemnation. <br /> <br />Constitutional claims. <br /> <br />Any federal claims based upon federal statute or the constitution (e.g. Section 1983, ADA). <br />Liability Insurance and Waiver of Statutory Cap <br />Procurement of Liability Insurance <br />Excess coverage. The governing body of any municipality may procure insurance against liability <br />of the municipality and its officers, employees, and agents for damages . . . . resulting from it torts <br />. . . The insurance may provide protection in excess of the limit of liability imposed by Section <br />466.04 . . . . The procurement of such insurance constitutes a waiver of the limits of governmental <br />liability under Section 466.04 only to the extent that valid and collectible insurance . . . exceeds <br />those limits and covers the claim. Procurement of commercial insurance, participation in a self- <br />insurance pool pursuant to Minn. Stat. §471.981, or <br />provision for an individual self-insurance plan . . . shall not <br />Highlight <br />constitute a waiver of any governmental immunities or <br /> <br />exclusions. Minn. Stat. §466.04. <br />Minn. Stat. §471.981 allows for <br />cities to by ordinance or <br />Membership in Self-Insurance Pool and Waiver of Tort <br />resolution to self-insure or join <br />Cap <br />a self-insurance pool such as <br />Minn. Stat. §471.981, subd. 1.specifically provides a [city] <br />LMCIT to provide insurance <br />may,by ordinance or resolution of its governing body, <br />coverage for damages resulting <br />from its torts. <br />6 <br /> <br />