HomeMy WebLinkAboutR-73-0850AHR/JSL/rr
10/15/73
RESOLUTION NO.
A RESOLUTION AUTHORIZING AND DIRECTING
THE DIRECTOR OF FINALE TO PAY TO COLSON
& HICKS, ATTORNEYS IN BEHALF OF BERTIE
HUGGINS, PLAINTIFF, THE SUM OF $50,000
IN FULL SATISFACTION OF THE SHARE OF THE
CITY OF MIAMI IN THE SETTLEMENT OF THE
CASE OF BERTIE HUGGINS VS. CITY OF MIAMI;
AND AUTHORIZING AND DIRECTING THE CITY
ATTORNEY TO EXECUTE AN AGREEMENT OR
STIPULATION WITH COUNSEL FOR THE U. S.
FIRE INSURANCE COMPANY WITHDRAWING THE
CLAIM OF THE CITY OF MIAMI FOR ATTORNEYS'
FEES AND THE COST OF DEFENDING THE CASE
OF BERTIE HUGGINS VS. CITY OF MIAMI.
WHEREAS, BERTIE HUGGINS filed an action against the
City of Miami in the Circuit Court of Dade County bearing
Number 72-3072, as a result of an injury received by him when
he was accidentally shot by a City of Miami police officer; and
WHEREAS, the U. S. Fire Insurance Company which had
a contract of insurance with the City of Miami denied that
excess coverage existed for the incident involved in the case
of Bertie Huggins vs. City of Miami; and
WHEREAS, the Circuit Court entered a judgment in which
it determined such coverage existed; and
WHEREAS, the U. S. Fire Insurance Company subsequently
appealed from said judgment; and
WHEREAS, in spite of the appeal, the U. S. Fire
Insurance Company settled the case with Colson & Hicks, the
attorneys for Bertie Huggins, for the sum of $1,000,000; and
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ITEM NO.
f;iL
OCT 91973
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.411:0
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REMARKS: 1
WHEREAS, the U. S. Fire Insurance Company proposes
to dismiss its appeal providing that the City of Miami will
agree to withdraw its claim for attorneys' fees and cost of
the defense of the Case; and
WHEREAS, the City Attorney has recommended that it
is in the best interest of the City of Miami to adopt this
procedure;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION
OF THE CITY OF MIAMI, FLORIDA:
Section 1. The Director of Finance of the City of
Miami is hereby authorized and directed to pay to Colson & Hicks,
Attorneys in behalf of Bertie Huggins, plaintiff, the sum of
$50,000 in full satisfaction of the share of the City of Miami
in the settlement of the case of Bertie Huggins vs. City of Miami.
Section 2. The City Attorney is hereby authorized
and directed to execute an agreement or stipulation with counsel
for the U. S. Fire Insurance Company withdrawing the claim of
the City of Miami for attorneys' fees and the cost of defending
the case of Bertie Huggins vs. City of Miami.
PASSED AND ADOPTED this /7 day of October, 1973.
PREPARED AND APPROVED BY:
HN S. LLOYD, Assistant%birector
PPROVED AS TO FORM AND CORREECTNESS:
ALAN H. ROTHSTEIN, City Attorney