HomeMy WebLinkAboutMemo 1CITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORAND ��14
TO: Honorable Mayor and Member$ of the y -Commission
FROM: Julie O. Bru, City A7to
DATE: September 30, 2009
RE: Proposed Tender surance Company/Settlement — City
Commission Agenda —"ober 8, 2009
Steven K Schwartz, e z/ vs. City Of Miami, et al., Case No.: 07-
44810 CA 08; ,
Margaritte Dingle. Polish American Club Of Miami, Inc., et al.,
Case No.: 08-03407 CA 08;
Sammy Brown, et al. vs. City Of Miami, et al., Case No.: 08-80065
CA 08; and
Theoandria Kendrick, etc., et al., vs. The Polish American Club Of
Miami, Inc., et al., Case No.: 09-44642 CA 08
(File No. 09-01115)
The attached proposed Resolution seeks authorization for the tender to State National
Insurance Company a sum not to exceed of $500,000 for the purpose of triggering the insurance
company's duty to defend and indemnify under the insurance policy issued to the City and
providing coverage for the above -referenced cases; and, if accepted, to pay the State National
Insurance Company the amount tendered; or, alternatively, if not accepted, to settle all claims
against the City of Miami asserted in the above -referenced lawsuits, in an amount not to exceed
5500,000.
In these consolidated cases, two (2) individuals were killed and four (4) were injured in a
shooting incident during a graduation party at the Polish American Club of Miami, which
occurred on June 17, 2007.
Funds in the amount of $500,000 will be allocated from Account No.
00001.980000.515000.0000.00000.
WB : tpr
Attachment(s)
c. Pedro G. Hernandez, City Manager
Elvi Gallastegui, Agenda Coordinator
193837