Number
031131
Version
ORIGINAL
Reference
Sponsor
THE CHAIR
Title
Resolution authorizing the Department of City Development, working with the City Attorney, to retain outside counsel to represent the City and its affiliated departments and agencies in the investigation of available insurance coverage for monies expended by the City in performing environmental testing, investigation and remediation activities and to represent the City and its affiliated departments and agencies in litigation and other efforts to recover monies previously expended in conjunction with such activities. (DCD)
Analysis
The Wisconsin Supreme Court, in Johnson Controls, Inc. v. Employers Insurance of Wausau, 2003 WI 108, 264 Wis.2d 60, 665 N.W.2d 257, has recently determined that costs expended for the performance of environmental testing, investigation and remediation activities may be recovered by insureds and other parties covered by pre-1986 comprehensive general liability ("CGL") policies. This resolution will authorize the Department of City Development and the City Attorney to develop and disseminate a Request for Proposals and, based upon responses to that Request, to engage outside counsel for the following purposes: (a) to investigate available pre-1986 CGL and other insurance coverage that may be available to the City and its affiliated departments and agencies to defray costs expended for environmental testing, investigation and remediation activities; and (b) to represent the City and its affiliated departments and agencies in litigation and other efforts to recover funds from insurance carriers to defray those costs. Given that the outside counsel so retained will be engaged on a purely contingency basis, this resolution will have no fiscal impact, apart from the costs of preparation and dissemination of the Request for Proposals.
Body
Whereas, The Wisconsin Supreme Court in the case of Johnson Controls, Inc. v. Employers Insurance of Wausau, 2003 WI...
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