Idaho Supreme Court’s decision in Boise County vs. ICRMP

Involves ICRMP’s declination of coverage for a land use claim brought pursuant the Federal Fair Housing Act.  The pool prevailed. The underlying litigation resulted in a $4mm verdict against this large but relatively unpopulated county. The court has denied the county’s attempt to seek protection through bankruptcy and it appears the county will be levying it’s taxpayers to satisfy the judgment.

 

Romero v. Board of County Commissioners of County of Taos and the New Mexico Association of Counties

The New Mexico Court of Appeals affirmed the District Court’s decision that the New Mexico County Insurance Authority Multi-Line Pool was not obligated to offer UM/UIM coverage under New Mexico law.  This was a very important decision for our pool.

 

Pennsylvania League of Cities and Municipalities T/D/B/A Penn Prime Trust A/K/A Pennsylvania Pooled Risk Insurance for Municipal Entites

We granted review to determine whether it is a violation of public policy to exclude from underinsured motorist ("UIM") coverage claim by an individual eligible for workers' compensation benefits.

 

THE STATE EX REL. BELL, APPELLANT, v. BROOKS, APPELLEE

R.C. 149.43 and 149.431 — Writs of mandamus sought to compel a joint selfinsurance pool to provide its records pursuant to Ohio Public Records Act — Court of appeals judgment denying writs affirmed in part and reversed in part.

 

AMERIND v. Brown & Brown

A New Mexico state district court awarded $304,000.00 to the AMERIND Risk Management Corporation [AMERIND] pool after finding that Brown & Brown Inc. agency breached a contract to market AMERIND’s newly created Tribal Employee Injury Protection Program (TEIP) workers’ compensation insurance program.

 

Knightstown Banner, LLC, v. Town of Knightstown, Governmental Insurance Managers, Inc. and Governmental Interinsurance Exchange

The Indiana Appeals Court holds that a settlement agreement created by an attorney retained by the public agency’s insurance company to represent the public authority can be considered a public record.

 

Professional Firefighters of New Hampshire v. Local Government Center, Inc.

This case reviews the nature of the New Hampshire Local Government Center and its affiliate organizations, including the Health Trust and Property-Liability pools, and concludes that they are conducting "the public's business" and as such are subject to the state Right-To-Know law.

 

Texas Counsel Risk Management Fund v. Evelyn Casewell

Involving a District Judge who felt the derivative statutory lien-holder status of a workers' comp. carrier, in an action against a third party, can be completely wiped out by the injured employee settling with the negligent third party no matter the timing of that settlement, amount of settlement monies received, or the amount of the subrogation interest of the carrier.

 

Schools Excess Liability Fund v. Westchester Fire Insurance Company

After a student was injured while riding on a school-district-owned bus driven by a transportation company employee, both the insurer of the transportation company and the Schools Excess Liability Fund (SELF) contributed $2.1 million toward settlement of the students' claim for damages.  SELF filed an action for declaratory judgment against the insurer, seeking a declaration that SELF memorandum of coverage excluded coverage for the transportation company.

 

Holly Todd and Kodey Todd v. Missouri United School Insurance Council

A decision from the supreme court of Missouri, SC88020, 5/29/07. This case arises from a physical assault upon a student on school premises by a substitute teacher. When the substitute teacher agreed to a $100,000 consent judgment to be collected from any insurance coverage in place for the benefit of the district, the student and his mother brought suit against the Missouri United School Insurance Council (MUSIC). The trial and Supreme Court ruled on the side of the pool, stating that the pool's policy when read as a whole, would not give the mother and son any expectation of coverage for the teacher's intentional act. Is your coverage document written well enough to protect from an event like this one? Do you have appropriate language in all the correct places?

 

Ohio Court of Appeals Case

The Sixth Appellate District Court of Appeals of Ohio upheld a summary judgment decision in the Ohio Government Risk Management Plan, et. al., Appellees v. County Risk Sharing Authority case.

The underlying litigation stemmed from a collision between a private vehicle and an ambulance driven by a city employee. The ambulance was titled with a county who was a participant and member of County Risk Sharing Authority (CORSA). The city was a member of Ohio Government Risk Management Plan (OGRMP) which provided the city coverage. Questions involving primary coverage and whether a pool is “insurance” were ruled on.

 

U.S. 8th Circuit Court of Appeals, Reimer v. City of Crookston (MN), August 30, 2005

This case presents potentially problematic issues for public entities affecting liability coverage and limits in joint powers arrangements such as mutual aid, law enforcement task forces, recreational facilities/programs, etc. The federal appeals court ruled that in at least some joint powers situation, a participating political subdivision can be held vicariously liable for the actions of another subdivision; and that in such a situation, a claimant can stack the statutory tort limits of the participating political subdivisions. Documents included are:

• Minnesota Counties Insurance Trust (MCIT) ALERT provides background along with recommended advise and action and a discussion of proposed legislative remedy.
• Minnesota Counties Insurance Trust (MCIT) Synopsis of the Court’s Decisions. 
• League of Minnesota Cities Insurance Trust (LMCIT) September 27, 2005 memo to members, attorneys and agents.
• Opinion of the Court

Missouri Court of Appeals case

A Missouri Court of Appeals recently rendered a decision holding that a public entity pool is an “insurance entity” under Missouri law, subject to the common law requirement that insurers must demonstrate prejudice before denying coverage on an untimely submitted claim.

 

Commonwealth Court of Pennsylvania Case

Involving the issue of whether a settlement made by an insurance carrier on behalf of a Housing Authority is a “public record”, even where the public entity did not consent to the settlement, was not a party to the settlement agreement, nor in possession of a copy of it. Housing and Redevelopment Insurance Exchange (HARIE), a Risk Retention Group pool in Pennsylvania, provided the coverage to the housing authority.

 

Texas Supreme Court Case

"In this case, we decide whether the Texas Association of Counties County Government Risk Management Pool (TAC) may obtain reimbursement from its insured, Matagorda County, for an amount that TAC paid to settle a claim that was later determined to be excluded from coverage. The trial court ruled that TAC was entitled to reimbursement, but the court of appeals reversed. 975 S.W.2d 782. Because TAC established neither an implied-in-fact nor an implied-in-law right to reimbursement, we affirm the court of appeals' judgment."

 

Michigan Supreme Court Case on Liability of Volunteer Firefighter Driving A Personal Vehicle To An Alarm (Alex v Wildfong, 1999)

On the way to a house fire, a volunteer firefighter driving his own vehicle collided with a car driven by the plaintiff’s decedent. The ensuing litigation presents an issue regarding which of two statutes should be used to gauge the defendants’ potential liability. The circuit court entered judgment for the defendants, but the Court of Appeals reversed. The Michigan Supreme Court reinstated the judgment of the circuit court.