HomeMy WebLinkAboutR-23-0213City of Miami
Resolution R-23-0213
Legislation
File Number: 13879
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 5/11/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A
PAYMENT TO THE CITY OF MIAMI IN THE AMOUNT OF ONE MILLION FIFTY
THOUSAND DOLLARS ($1,050,000.00) AND OTHER NON MONETARY
TERMS, FROM NEW YORK MARINE AND GENERAL INSURANCE COMPANY
IN FULL SETTLEMENT OF ALL CLAIMS AND DEMANDS FOR THE CASE
STYLED CITY OF MIAMI V. NEW YORK MARINE AND GENERAL
INSURANCE COMPANY, PENDING IN THE UNITED STATES DISTRICT
COURT, FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 22-21741,
PURSUANT TO THE TERMS OF A SETTLEMENT AGREEMENT AND
RELEASE, REGARDING INSURANCE COVERAGE.
WHEREAS, the City of Miami ("City") is a governmental agency, and New York Marine
and General Insurance Company ("New York Marine') is an excess insurer, and City and New
York Marine, entered into a contract for insurance coverage ("Agreement"); and
WHEREAS, under the Agreement, New York Marine was to provide excess insurance
coverage for workers compensation claims, in accordance with the terms and conditions of the
Agreement; and
WHEREAS, the City filed suit to obtain coverage for future claims and reimbursement for
past claims concerning a certain claimant in a case styled as City of Miami v. New York Marine,
which was removed from state court to in the United States District Court for the Southern
District of Florida; and
WHEREAS, New York Marine has agreed to pay Six hundred thousand dollars
($600,000.00) for past claims paid by the City; New York Marine has further agreed to pay four
hundred fifty thousand dollars ($450,000.00) for any future claims and upon the exhaustion of
the above sums, New York Marine agrees to provide monetary coverage for eighty-five percent
(85%) of all claims for the remainder of the claimant's life; and
WHEREAS, the Office of the City Attorney has investigated this claim, prosecuted this
lawsuit, and recommends that said claim and lawsuit be settled for the sum of one million fifty
dollars ($1,050,000.00) plus coverage as set forth above;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as fully set forth in this Section.
Section 2. Payment to the City, in the amount of one million fifty thousand dollars
($1,050,000.00) and other non -monetary terms, from New York Marine, in full settlement of all
claims and demands for the case of the City of Miami v. New York Marine, pending in the United
City of Miami Page 1 of 2 File ID: 13879 (Revision:) Printed On: 5/22/2023
File ID: 13879
Enactment Number: R-23-0213
States District Court, for the Southern District of Florida, Case No.: 22-21741, pursuant to the
terms of a settlement agreement and release, regarding insurance coverage, is accepted.
Section 3. The City Manager is authorized' to execute a Settlement Agreement and
Release, and all necessary documents, in a form acceptable to the City Attorney, to effectuate
Settlement.
Section 4. This resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
1
i t6ria i ndez, Cify Attor iey 5/212023
The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
z If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File ID: 13879 (Revision:) Printed on: 5/22/2023