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extend the coverage of its self insurance to afford protection in excess of any limitations on liability established to law. Unless expressly provided in the ordinance or resolution extending the coverage,the statutory limitation on liability shall not be deemed to have been waived.. The Minnesota Federal District Court has held even if cities do not enact an ordinance or resolution indicating Learn More that they are self-insured or members of a self-insurance pool,if the evidence establishes membership in LMCIT or See Reimer v.City of Crookston other self-insurance pool,then the statutory tort caps are and Crookston Public School applicable unless expressly waived by the city. District#593,2003 22703218(D.Minn. 2003)for The LMCIT policy documents more information. p y specifically state that although the city may have elected to purchase coverage in excess of the statutory limits [to cover non-tort or federal claims],the city has opted to not waive the tort cap limits. Thus,unless city expressly waives tort cap liability limits,purchase of excess or additional coverage will not affect the statutory tort cap limit. Please refer to the attachment entitled"LMCIT Liability Coverage Options, Liability Limits, Coverage Limits and Waiver" for complete discussion on these issues. Multiple Claimants and the Municipal Tort Caps 35 W Bridge Collapse Learn More On August 1,2007,the 135W Bridge spanning the Mississippi River near downtown Minneapolis collapsed, See McCarty,et.al.v.City of resulting in the death of 13 people and injuring over 100 Minneapolis,et.al.,654 N.W.2d others. 353 (Minn.App. 2002)for more information. The Minnesota Legislature deemed, "the collapse was a catastrophe of historic proportions...No other structure owned by the state has ever fallen with such devastating physical and psychological impact on so many." Since the state owned and maintained the I35W Bridge,it was the primary target defendant. However,the state was protected by an individual tort cap of$300,000 per individual claimant as well as a$1 million per occurrence cap. There was simply no way to adequately compensate the 179 claimants from that tort cap pool. To avoid a potential constitutional challenge to the tort cap Learn More limits and to attempt to provide compensation for the See Minn.Stat.3.7391-7394 victims of the I35W Bridge collapse,the Minnesota signed by Governor Pawlenty on Legislature enacted special legislation to deal with this May 8, 2008. tragedy. The essential terms of the bridge fund are as follows: • Non-liability based fund determined claimants didn't need to establish fault. • State individual tort cap retroactively adjusted to $400,000 effective August 1, 2007. 7