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Fighting (for) City Hall:. Exploring, Insuring and Controlling Municipal Liability Risks. Fighting (for) City Hall Panel Members. MODERATOR : Ruth Moraski , President The Zigmund Company Maria McGinn , Underwriting Manager Euclid Managers, LLC Thomas P. McGinnis , Partner

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fighting for city hall

Fighting (for) City Hall:

Exploring, Insuring and Controlling Municipal Liability Risks

Washington, D.C. ~ November 7-9, 2007

fighting for city hall panel members
Fighting (for) City HallPanel Members
  • MODERATOR: Ruth Moraski, President

The Zigmund Company

  • Maria McGinn, Underwriting Manager

Euclid Managers, LLC

  • Thomas P. McGinnis, Partner

Thomas, Thomas & Hafer, LLP

  • Daniel Pliszka, Manager

Risk Management Consulting, Bickmore Risk Services

  • Rick Savakinas, Claims Manager

Scottsdale Insurance Company

overview
Overview
  • Immigration Law and the ramifications of enforcement or circumvention at the local level
  • Can municipal governments outsource their responsibility?
  • Sovereign immunity in cases of risk transfer
immigration law dilemma
Immigration Law Dilemma

The rights of municipal governments in immigration enforcement

city of hazelton
City of Hazelton
  • Third Class under PA Law
  • City Settled by Illegal Immigrants from 2000 to 2006
the ordinances
The Ordinances
  • Ordinance 2006-13
  • Ordinance 2006-18
  • Ordinance 2006-19
the complaint
The Complaint
  • Aug 15, 2006, Complaint Regarding Illegal Immigration Relief Act Ordinance filed
  • Trial Set for March 12, 2007
the issues
The Issues
  • Supremacy Clause
  • Equal Protection
  • Due Process
  • Fair Housing Act
  • 42 U.S.C. 1981
  • Plaintiff’s Privacy Rights
  • PA Landlord and Tenant Act
the issues cont
The Issues cont.
  • Hazleton’s Municipal Powers
  • Hazleton’s Legitimate Police Power
the verdict
The Verdict
  • Verdict Rendered on July 26, 2007
  • Plaintiffs Won
  • City Appealed
summary
Summary
  • Laws regarding Immigration are changing – Be Aware
  • Open communication of all parties is key – Ask ‘What If’ Questions
outsourcing
Outsourcing

Are you truly outsourcing

your liability?

outsourcing1
Outsourcing

Contractual Risk Transfer

  • Identifies exposures
  • Assigns loss control/prevention responsibilities
  • Improves efficiency
outsourcing2
Outsourcing

How can risks be minimized?

  • Appropriate limits of liability
  • Indemnification provisions
  • Proper documentation
outsourcing and sovereign immunity
Outsourcing and Sovereign Immunity

Is there danger of waiving immunity by outsourcing?

kosciusko county board of commissioners
Kosciusko County Board of Commissioners
  • Indiana County Population 80,000
  • County Jail
kosciusko county board of commissioners1
Kosciusko County Board of Commissioners

Summary of Case:

  • North Webster Police Department Arrested Reid for Drunk Driving on 3-15-03
  • Reid was a Heavy Drinker and put on Watch at the County Jail
kosciusko county board of commissioners2
Kosciusko County Board of Commissioners

Summary of Case continued:

  • Defendant Nurse initially Prescribed Lithium for Reid
  • Reid Collapsed on 3-18-07; CPR was Administered
  • Reid Died
the allegations
The Allegations
  • Count I: Violation of 42 U.S.C. 1983
  • Count II: Violation of 42 U.S.C. 1983
  • Count III: Wrongful Death Under Indiana Law
  • Count IV: Medical Negligence Claim Under Indiana Law 
the issues1
The Issues
  • Violations of the 14th Amendment,1983
  • County Sheriff, County Jail Physician, Nurse, various County Defendants Named
  • Judge Denied Qualified Immunity
  • Federal Actions Not Tossed; Fees and Costs Involved
the settlement
The Settlement
  • Case Settled for $925K
  • Travelers and SIC Split 50-50
summary1
Summary
  • Experienced Claims Handling is Important
  • Be Aware of the Jurisdiction
  • Understand the Importance of Venues – Federal vs. State
  • Is Settlement an Option?
takeaways
Takeaways
  • Open communication of all parties is key. Ask those important 'what if' questions
  • Experienced claims handling is important
  • Is settlement an option?
  • Everything an entity does encompasses some risk
  • When in doubt, seek legal counsel
thank you to
Thank you to …
  • Maria McGinn
  • Thomas P. McGinnis
  • Ruth Moraski
  • Daniel Pliszka
  • Rick Savakinas