HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: February 9, 2023
RE: Authorizing Legal Action — City Commission Meeting — February 9, 2023
Ratifying the City Attorney's action and further directing the City Attorney
to take any and all action(s) necessary, in law or equity, against New York
Marine and General Insurance Company
Case No.: 22-21741
File No.: 13340
The attached proposed Resolution ratifies and directs the City Attorney to take
any and all action(s) necessary, in law or equity, against New York Marine and General
Insurance Company in the case styled, City of Miami v. New York Marine and General
Insurance Company. Case: No.: 22-21741 in United States District Court for the
Southern District of Florida regarding insurance coverage.
Attachment(s)
cc: Art Noriega, V, City Manager
Miriam M. Santana, Agenda Coordinator
VM/JAG/KRJ
City of Miami
Legislation
Resolution
Enactment Number: R-23-0078
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 13340 Final Action Date:2/9/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION RATIFYING THE ACTIONS OF
THE CITY ATTORNEY AND FURTHER DIRECTING THE CITY ATTORNEY TO TAKE
ANY AND ALL ACTIONS NECESSARY, IN LAW OR EQUITY, AGAINST NEW YORK
MARINE AND GENERAL INSURANCE COMPANY IN CASE STYLED AS: CITY OF
MIAMI V. NEW YORK MARINE AND GENERAL INSURANCE COMPANY, CASE NO.:
22-21741 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 the 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, to date, New York Marine has not covered the City's losses under the
agreement that are due and owing; and
WHEREAS, the City Commission finds that it is in the best interest of the City to
authorize the City Attorney to take any and all actions necessary to enforce the Agreement,
including engaging an expert consultant, and obtain any and all relief due and owing under the
agreement;
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. The City Commission hereby ratifies and directs the City Attorney to take any
and all actions necessary, in law or equity, against New York Marine regarding insurance
coverage.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
rider City Attor
1/26/2023