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Legislation
Resolution
File Number: 10-00711
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
ACCEPTING A PAYMENT TO THE CITY OF MIAMI, IN THE AMOUNT OF $35,000,
IN SETTLEMENT OF THE CLAIMS AND DEMANDS IN THE CASE OF THE CITY
OF MIAMI VS. NORTH RIVER INSURANCE COMPANY IN CASE NO. 09-23025
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF
FLORIDA PURSUANT TO THE TERMS OF THE MUTUAL GENERAL RELEASE;
DIRECTING THE CITY MANAGER TO EXECUTE THE GENERAL MUTUAL
RELEASE, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO
EFFECTUATE THE SETTLEMENT.
WHEREAS, the City of Miami ("City") was obligated to pay $400,000 to settle a claim with the
Beatty Estate on or about January 10, 2005. At all times relevant the City had a policy of excess
insurance with North River Insurance Company ("North River"); and
WHEREAS, the City's policy with North River had a self insured retention amount of $350,000; and
WHEREAS, as a result of the Beatty settlement, North River became obligated to pay the City
$50,000, the amount in excess of the self insured retention; and
WHEREAS, the City demanded the amount in excess of the self insured retention and North River
denied payment alleging coverage defenses ; and
WHEREAS, the City filed a lawsuit against North River seeking repayment and North River
answered and filed counterclaims alleging no coverage; and
WHEREAS, North River has offered to pay the City $35,000 to settle all claim; and
WHEREAS, payment in the amount of $35,000 to the City, in settlement of all claims has been
evaluated by the City Attorney and is recommended for approval by the City Attorney;
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 if fully set forth in this Section.
Section 2. Payment to the City, in the amount of Thirty Five Thousand Dollars ($35,000), in full
settlement of the claims and demands for the case of City of Miami vs. North River Insurance
Company in Case No.: 09-23025 in the United States District Court for the Southern District of Florida,
pursuant to the terms of the Mutual General Release, in substantially the attached form, is accepted.
City of Miamii Page I of 2 File Id. 10-00711 (!Version: 1) Printed On: 6/1/2010
File Number 10-00711
Section 3. The City Manager is authorized {1} to execute the Mutual General Release, in
substantially the attached form, and all necessary documents, in a form acceptable to the City
Attorney, to effectuate the Settlement.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {2)
APPROVED AS TO FORM AND CORRECTNESS
JULIE O. B
CITY ATTC
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter
and Code provisions.
{2} if the Mayor does not sign this Resolution, it shall become effective at the end of ten 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: 10-00711 (Version: 1) Printed On: 61112010