Loading...
HomeMy WebLinkAbout1986-03-18; City Council; 7657-3; Termination of liability insurance1o.Q. O O Oz 3 OO CIWOF CARLSBAD — AGENd(§BILL AR* 7657-f 3 MTG3/18/86 DEPf.M TITLE' TERMINATION OF ' LIABILITY INSURANCE ... •/ • ' . DPPT HD. K^ r.lTYATTYXJ/r/^ niTYMGR.:^^ RECOMMENDED ACTION: Council adopt Resolution No. liabilty insurance. ITEM EXPLANATION > approving the termination of excess Current excess liability insurance in the amount of $900,000 coverage is provided by Planet Insurance Company. This coverage is over a self-insured retention of $100,000. The Planet policy was up for renewal on March 16, 1986. As has been widely publicized, the insurance market for municipalities is now virtually non-existent. The city broker, however, was able to obtain a renewal quote from Planet, but with considerably restricted coverage and limits: PROGRAM COMPARISON Annual Premium Limit Self-Insured Retention Policy Form Current Program $63,189 $900,000 per Occurrence $100,000 Occurrence Proposed Renewal $140,750 $750,000 Aggregate $250,000 Claims made In addition to the many exclusions under the present form, we were advised that the new policy will also exclude claims arising from sexual abuse and improper street or road design. Attached to this Agenda Bill is a report by the City's Risk Management Consultant commenting on the renewal proposal. Staff concurs with his opinion that alternative methods of funding the limited area of exposures covered by the proposed renewal would be in the City's better interest. The City is actively pursuing pooling with other cities through doint Powers Agreements for liability insurance coverage. Also, all alternate funding methods for coverage will be thoroughly explored by the City staff. Because of the City's increased liability exposure and the need for a greater emphasis on loss prevention, the City's Risk Management Program will be expanded. A separate Risk Management Department with a full-time Risk Manager and clerical staff will be proposed in the 1986-87 budget. Accordingly, the City's Risk Management Consultant and City staff are not recommending purchasing the renewal policy for liability insurance. FISCAL IMPACT The elimination of this coverage will result in a premium savings of $14-0,750. This amount will remain in the Liability Self Insurance Fund. As of Oanuary 31, 1986, the uncommitted balance in the Liability Self Insurance Fund was $695,492. When the 1986-87 budget is adopted, staff will recommend the - transfer of 1985-86 surplus funds from the General Fund to the Liability Self Insurance Fund: that will bring the uncommitted balance up to $1,000,000. PAGE 2 OF AB #7657-#3 EXHIBITS 1. Resolution No. 2. Memorandum from Risk Management Consultant dated March 4, 1986. 3. List of Uninsured Cities - November 4, 1985 1 2 3 4 - 5 ".'6 7 8 9 ;10 11 12 i'3 14 = 15. '16 17 is 19 20 21 22 23 '"24 25 26 27 28 .-;• . •'. RESOLUTION NO. _844j ;. . .' , ••'- , •';-•..'•' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE . : TERMINATION OF EXCESS LIABILITY INSURANCE . WHEREAS, the City has established a self-insurance program for liability insurance; and ' • - . . • WHEREAS, .the City's Insurance Broker has received a quotation for excess , liability' insurance; and- • WHEREAS, upon evaluation of the quotation received, the City now desires to self-insure this exposure. , . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: . 1. That the above recitations are true and correct.l • • • • •• - ' .- ' 2. That the termination of excess liability insurance coverage is approved and ratified. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the ^18th_ day of March •__, 1986, by the follow vote, to wit: ' 'AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine 'NOES: , None. ..'.'./'. • ABSENT: None . . MARY H. C/SLER, Mayor ATTEST: ALETHA L. RAUTENKRARZ,~City Clerk (SEAL) • March 5, 1986 TO: FRANK ALESHIRE, CITY MANAGER FROM: Don Oack, Risk Management Consultant EXCESS LIABILITY INSURANCE - MARCH 16, 1986 RENEWAL I have reviewed the proposal submitted by Planet Insurance Company, through the city broker, for renewal of excess liability insurance for the City effective March 16, 1986. Despite the fact that this is the only quotation which has been received, I can not recommend acceptance. PROGRAM COMPARISON Proposed Renewal Current Program Annual Premium $14-0,750 $63,189 Limit $750,000 Aggregate $900,000 per Occurrence Self-Insured Retention $250,000 $100,000 Policy Form Claims made Occurrence The City's current program contains many major coverage exclusions including inverse condemnation, pollution and subsidence. No policy form has yet been issued for the renewal, but we are advised that it will contain additional exclusions for sexual abuse, street design and malpractice. REASONS AGAINST ACCEPTANCE 'In recommending against the acceptance of this renewal, I have the following factors in mind: 1. The highest estimate of costs placed on any claim filed against the City is $75,000. The highest claim payment was $50,000, and this was on a street design case for which coverage would be excluded under the renewal program. The chances of any claim penetrating beyond the proposed $250,000 self- insured retention is extremely remote. 2. The renewal is quoted with an aggregate limit. This means as each claim is paid, the limit is used up as opposed to the former which made the full limit available for each accident occurring during the policy period. The $750,000 is a substantial sum, but not an amount that could not be raised without seriously effecting City services. 3. The hew policy form is on a "claim made" basis as opposed to an occurrence basis. This means with some possible exceptions, only claims made during the policy year based on accidents occurring during the year would be .covered. This means that the policy limit of $750,000 would only be available for accidents over an approximate 9 month period. 4. Because of the time it takes to litigate major claim, in all probability no payments would be required on a catastrophic loss until 5 to 7 years of the date of accident. This gives the City time, to prepare for any major settlement, and payments can be further extended through the current practice of structured settlements, or through invoking the provisions of the Government Code which permit extending payments over a ten year period. I believe alternative methods of funding this exposure would be much more attractive than paying $141,750 up front for protection which would be lost regardless of claims experienced at the end of one year. 5. The exclusions under the proposed renewal seriously restrict protection in those areas most likely to result in a catastrophic loss. Street design is probably the major factor in opening the City to "deep pocket" exposures. ARGUMENTS FOR ACCEPTANCE The city broker points out that the placement of this first layer of liability insurance makes it considerably easier, under normal market circumstances, to obtain additional limits. Clearly it is the catastrophic exposure above $1^000,000 that is of the greatest concern. This argument has little application, however, in todays market, since no companies are offering protection to public entities over the $1,000,000 level. I might mention that International Insurance Company which provided $19,000,000 excess of $1,000,000 coverage for this City for the year ended January 1, 1986 has still failed to provide 60 days notice of cancellation of their coverage as required under Section. 674 of the California Insurance Code. In my opinion, therefore, that coverage is still available in the event of a catastrophic loss, and they have been placed on notice of our position. RECOMMENDATIONS 1. $125,000 was budgeted for the payment of liability insurance premiums for this fiscal year. This amount should remain in the liability/self-insurance fund, and as soon as possible, steps should be taken to appropriate additional funds until the balance reaches a minimum of $1,000,000. 2. As more insurance programs come up for renewal, the majority of California cities will soon be without liability insurance protection. As a result, there is considerable activity directed toward devising alternative methods of funding city liability exposures. These relate to simple poolings, with other cities, pooling in conjunction with funding floated through bond issues and programs individually tailored for larger cities. Carlsbad must continue to actively explore these alternatives. 3. The City must continue to support efforts to obtain legislative relief. 4. Increased emphasis must be placed on the City's Risk Management Program. In addition to a vigorous safety and loss prevention policy,, the City must reassess City services and the use of City facilities in the light of increased exposures, and also strictly monitor insurance requirements with respect to permits and City contracts. ADDENDUM Since dictating this report, I have been advised by the city broker that Planet Insurance may provide some concessions liberalizing their original quotation. These relate to the aggregate limit provisions. Automobile insurance may be provided on an occurrence basis and there may be a double aggregate for general liability and errors and omissions claims. Although this would make the form more attractive, I would still incline towards a self-funded program for the limited area of exposures covered under the proposed renewal. League of California Cities '1400 K STREET • SACRAMENTO.CA95B14 '• (916)<U4-5790 Work logeinet Sacramento, CA.. November 4, 1985 UKINSURED CITIES Uninsured. .(31) CITY . ./•.-..- : Alaraeda Ceff. December) Angels Camp Berkeley . • " •'"'•. ' ' Bradbury •'.'-.•'-.•• coif ax ••;:•.- v:'- • Covina ' , . Culver City ' .' ... ' Cupertino Greenfield . ..".' . Hayvard • ' ., • . , Lakeport . 'J" l.nc AJtos Hills Monterey' . ' • Oakland ,•• -'. ' :0>:nard-' ' ,. Pasadena ••.-.•; '.Ferris ' • - . ' Plymouth. • • " -. Point'-Arena". Portola , . • . • Ridgecrest /"'.•' Sacra-iento (eff.'Nov. 20) San Jose Sand City ' . • Santa Cruz . .' -. ' Santa Maria/. . Santa Rosa ••' ' . Seaside ' • South "Lake. Tahoe" T.eh'ana ' .. . Torrance.7 . . COUNTY WHERE LOCATED. Alameda Calaveras Alameda • . ." Los Angeles .' - ' Placer Los Angeles Los Angeles . :. • Santa Clara .Monterey Alameda .- Lake Santa Clara Monterey Alameda .- . Ventura . : Los Angeles Riverside Anador Mendocino . • Plumas . Kern . Sacramento•; Santa Clara - Monterey Santa Cruz Santa Barbara Sonoma ' •' . Monterey El Dorado Tehajna Los Angeles POPULATION ' 74,700 2,180 106,452 850 lyOOO 43,403 38,972. 38,082 4,710- •98,683 - 3,910 . 7,700 ' 29,107 •351'., 607- 121,066 126,600 '8;300 : 690 •':' 450 ' . / -•1,965. 22,967' ... 303,37A' 683:,810 5.. 975 - 43,716 46,680 ' 92,260 37,268 21,635 380 135,090 Uninsured,' Effective December 31; Blue Lake .-. .; ; : Weed •-•• •'.'•- West -Hollywood . ••' OTHERS '., '' '• -' EL SEGUNDO MO'UNTAIN' VIEW ' Humboldt Siskiyou Los Angeles •1,240 2,910 22,871