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What claims are covered by the cap? <br /> Any tort liability claims. <br /> • Wrongful death. <br /> • Personal injury. <br /> • Negligence. <br /> • Dram shop. <br /> • Nuisance. <br /> • Trespass. <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 official was: <br /> • Acting in the performance or scope of the duties of the position. <br /> • Not guilty 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 /> • Constitutional claims. <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 /> exclusions. Minn. Stat. §466.04. Minn.Stat.§471.981 allows for <br /> cities to by ordinance or <br /> Membership in Self-Insurance Pool and Waiver of Tort resolution to self-insure or join <br /> Cap a self-insurance pool such as <br /> Minn. Stat. §471.981, subd. 1. specifically provides a[city] LMCIT to provide insurance <br /> may,by ordinance or resolution of its governing body, coverage for damages resulting <br /> from its torts. <br /> 6 <br />