HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: George K. Wysong III, City Attorney47_ x,11,7;2127
DATE: October 23, 2025
RE: City Commission Meeting — October 23, 2025
Proposed Authorization of Partial Settlement of the insurance claims
against Continental Casualty Company and National Indemnity Company
of Omaha in the amount of $4,150,000.000, in partial settlement of the
claims and demands of the City of Miami, upon execution of a limited
release
File No.: 18328
The attached proposed Resolution seeks authorization to accept a partial
settlement agreement of $4,150,000.000 for historic and potential policies taken out by
the City of Miami ("City") with Continental Casualty Company and National Indemnity
Company of Omaha in the 1960s and 1970s related to City -owned property. This
settlement would require a limited release while maintaining other claims that have yet
to be resolved.
The City, in the 1960s-1970s, took out several policies protecting City -owned
property from a variety of claims. Two such policies with Continental Casualty Company
and National Indemnity Company of Omaha have been located within City archives
while a third appears to have existed but cannot be confirmed. The claims resolved
within the limited release are associated with the environmental cleanup costs already
expended by the City for which there is a claim for entitlement to reimbursement.
Continental Casualty Company and National Indemnity Company of Omaha have
agreed to this settlement amount in exchange for a limited release which allows the City
to maintain entitlement, or potential entitlement, to additional policy benefits.
The Office of the City Attorney has investigated and evaluated this case and has
approved the recommendation of this settlement, with funds received pursuant to the
partial settlement agreement to be appropriated and allocated by future legislation.
cc: Art Noriega, V, City Manager
Miriam M. Santana, Agenda Coordinator
Attachment(s)
City of Miami
Legislation
Resolution
Enactment Number: R-25-0444
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 18328 Final Action Date:10/23/2025
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PARTIAL
SETTLEMENT OF INSURANCE CLAIMS AGAINST CONTINENTAL CASUALTY
COMPANY AND NATIONAL INDEMNITY COMPANY OF OMAHA IN THE AMOUNT
OF $4,150,000.00, WITH FUNDS TO BE APPROPRIATED AND ALLOCATED BY
FUTURE RESOLUTION, IN PARTIAL SETTLEMENT OF THE CLAIMS AND
DEMANDS OF THE CITY OF MIAMI; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE A LIMITED RELEASE OF CLAIMS AND DEMANDS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY.
WHEREAS, the City of Miami ("City") maintained certain actual or alleged insurance
policies with Continental Casualty Company and with National Indemnity Company of Omaha
(collectively "Insurers") which the City has asserted included coverage for environmental costs
incurred to City -owned property; and
WHEREAS, the City has reached a tentative agreement to resolve a portion of the
claims of the City, which included coverage for environmental costs incurred to City -owned
property, in exchange for a payment by Insurers of $4,150,000.00, which funds are to be
appropriated and allocated by future legislation, and a limited release; and
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 Manager is authorized' to accept the settlement offer.
Section 3. The City Manager is authorized1 to execute a limited release, in a form
acceptable to the City Attorney.
Section 4. Funds received pursuant to the partial settlement agreement to be
appropriated and allocated by future legislation.
Section 4. This Resolution shall become effective immediately upon its adoption.
1 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.
APPROVED AS TO FORM AND CORRECTNESS: