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Regular City Council Meeting Monday, December 03, 2012 Page 7 Councilmember Pust questioned if staff was aware of any cities purchasing in- surance above that amount; and if their only reason to do so would be if the lim- it was waived. Mr. Miller advised that he was not aware of any cities who had waived the lim- its. Councilmember McGehee stated that she read it that if the City was at fault through deliberate misconduct that caused death, under no scenario could a fam- ily be compensated for the loss of a life in an amount of$1.5 million; and there- fore she had a problem with waiving the liability limit. While understanding that the City needed to limit its liability, Councilmember McGehee opined that this limit seemed exceedingly low in a case of deliberate misconduct. Councilmember Pust clarified that this was not related to such a situation, and provided an example of negligence and subsequent liability limits. Councilmember McGehee opined that the limit seemed low to her in some sce- narios, and suggested it be considered on a case by case basis; and that the City could put its own limit per death or per occurrence. Mayor Roe noted that, while Councilmember McGehee's concerns may be war- ranted, the flip side was that the City Council was responsible to protect the City's exposure and liability risk for all of its residents. Mr. Miller noted that there was no option to raise the limit on a case by case ba- sis. Mayor Roe concurred, noting that at least not with the City's provider, League of Minnesota Insurance Trust (LMCIT). Mr. Miller advised that even if an insurance company was found that would provide additional coverage, it would be at an exorbitant amount to the City. At the request of Councilmember Johnson, Mayor Roe clarified that the Statute originated due to insurance companies lack of interest in insuring cities due to potential excessive claims; and the subsequent inception of the LMCIT to ad- dress the issue. City Manager Malinen advised that, to the extent the City purchased higher lia- bility insurance without that statutory limit, it didn't limit the City's outlay, but the City would then need to come up with the money from another source.