11-25-2019 Council Packet - Laserfiche WebLink

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RELEVANT LINKS: 42 U.S. Code § 1983. • Claims under federal civil rights laws, including Section 1983, the Americans with Disabilities Act. • Claims for tort liability the city has assumed by contract, which occurs when a city agrees in contract to defend and indemnify a private party. • Claims for actions in another state, which may occur in border cities that have mutual aid agreements with adjoining states or when a city official attends a national conference. 42 U.S. Code § 1983. • Claims based on liquor sales, which mostly affects cities with municipal liquor stores, but it could also relate to beer sales at a fire relief association fundraiser, for example. • Claims based on a "taking" theory, which are suits challenging land use regulations frequently include an "inverse condemnation" claim, alleging the regulation amounts to a "taking" of the property. b. Annual limits apply in LWIT's coverage for specific risks See Section H.D, Coverage Besides LMCIT's overall coverage limit of $2 million per occurrence, there limits. are annual aggregate limits for certain risks. If the city has a loss or claim in one of these areas, there might not be enough limits remaining to cover the city's full exposure if there is another similar loss during the year. There are, however, a couple important restrictions on how the excess coverage applies to risks that are subject to aggregate limits. The excess coverage does not apply to the following: • Failure to supply utilities. • Mold. • Lead and asbestos. • Excavation and dredging. • Sudden and accidental release of pollutants below ground or within or on the surface of any body of water. • Auto no-fault claims. • Uninsured/underinsured motorist claims. • Workers' compensation, disability, or unemployment claims. • Claims under the medical payments coverage. • Claims arising from the activities of outside organizations. • No-fault sewer backup. • Liquor liability, unless the city has specifically requested it. League of Minnesota Cities Information Memo: 11/15/2018 LMCIT Liability Coverage Guide Page 7