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HomeMy WebLinkAboutMemorandumCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Victoria Mendez, City Attorney ,j a DATE: May 11, 2023 RE: City Commission Meeting — May 11, 2023 Proposed Settlement — City of Miami vs. New York Marine and General Insurance Company, pending in the United States District Court, for the Southern District of Florida. Case No.: 22-21741 File No.: 13879 The attached proposed resolution seeks authorization to receive payment, 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 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 The Office of the City Attorney has investigated and evaluated this case and has approved the recommendation of this settlement. Attachment(s) cc. Art Noriega, V, City Manager Miriam M. Santana, Agenda Coordinator VM/KRJ/LKW/vja f; City of Miami City Hall Legislation 3500 Pan American Drive Miami, FL 33133 Resolution www.miamigov.com Enactment Number: R-23-0213 File Number: 13879 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 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: l i ria i "ndez, ity Attor ey 5/2/2023 ' 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.