HomeMy WebLinkAboutR-12-0213City of Miami
Legislation
Resolution: R-12-0213
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-00561 Final Action Date: 5/24/2012
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
ACCEPTING A PAYMENT TO THE CITY OF MIAMI IN THE AMOUNT OF $100,000,
IN FULL SETTLEMENT OF ALL CLAIMS AND DEMANDS FOR THE CASE OF CITY
OF MIAMI VS. MADISON NATIONAL LIFE INSURANCE COMPANY, CASE NO.
12-21104-CIV-MORENO, PURSUANT TO THE TERMS OF THE RELEASE;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE 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") obtained medical stop loss insurance coverage from
2006 through 2008 from Madison National Life Insurance Company ("Madison"); and
WHEREAS, the City submitted several claims that were not paid to Madison pursuant to those
policies; and
WHEREAS, the City and Madison disputed whether Madison was obligated to pay those
claims; and
WHEREAS, the City filed a lawsuit to recover damages against Madison National Life
Insurance Company in the Circuit Court in and for Miami -Dade County, Florida, which was removed to
United States District Court Case. No. 12-21104-CIV-MORENO; and
WHEREAS, the City and Madison have agreed to settle all claims with Madison paying the
City $100,000 and the City releasing all claims arising from or relating to the lawsuit and/or the
insurance policies between the City and Madison for the policy years 2006, 2007, and 2008; and
WHEREAS, the Office of the City Attorney has investigated this claim and lawsuit and
prosecuted this lawsuit and recommends that said claim and lawsuit be settled for the sum of
$100,000;
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 Hundred Thousand and 00/100 Dollars
($100,000.00), in full settlement of all claims and demands for the case of City of Miami vs. Madison
National Life Insurance Company, Case No. 12-21104-CIV-MORENO, pursuant to the terms of the
City of Miami
Page 1 of 2 File Id: 12-00561 (Version: 2) Printed On: 11/9/2017
File Number: 12-00561 Enactment Number: R-12-0213
Release, is accepted.
Section 3. The City Manager is authorized{1} to execute the 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}
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: 12-00561 (Version: 2) Printed On: 11/9/2017