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, Mr. Steve Carkozy BRS Claim No. 11008744 April 6, 1995 Next, we draw your attention to the definition of damages under Section IV Which states: Section IV - befinitions 5. Damages means money damages, and includes awards for attorneys fees with respect to federal civil rights suits and human rights suits. Damages does· not include any of the following: d. Injunctive or equitable, or quasi-judicial or administrative orders. There are claims for injunctive or de·claratory relief which do not fall within the definition of damages. Since the Summons and Complaint does include a claim for damages, the LMCIT will defend the City for all counts, but only indemnify them in regard to the covered damages. In addition to the above-mentioned coverage issues we have cited, there could be further coverage defenses or exclusions that may be applicable. Therefore, we reserve the rights of the LMCIT to ¡ raise such further coverage defenses or exclusions as are ~ ~ applicable. ~ ~ Please be advised that we have forwarded this complaint to georae.pt ~ Hoff of Hoff, Barry & Kuderer, P.A., Ste. 260, 8901 Flying Cloud Drive, Eden Prairie, MN, to handle the defense of this matter. He is taking all the necessary steps to protect the City's ' interests in this matter. Mike Munson from the", LMCI 's the ad'ûster handlin t I would encourage you to cooperate with George Hoff and Mike Munson, an ask that you advise your City employees or City officials to refrain from discussing the subject matter of this litigation with anyone other than represen~a~1ves of Berkley Risk Services, Inc., the LMCIT, or George Hoff of Hoff, Barry & Kuderer, P.A. \), Aa: ~ In the event there are additional papers served upon you in conjunction with this litigation, please forward those items to us immediately. Should you have any questions regarding this matter, please feel free to contact me.