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Liability and Risk Management for Elected Officials
or
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The Municipal Insurance Association of BC Lindsay Nilsson
Legal Counsel Director of Claims and Legal Services Megan Chorlton
Legal Counsel Director of Member Services
The Municipal Insurance Association of BC A self-insured pool of 167 local governments
Liability coverage • Bodily Injury (Occurrence) • Property Damage (Occurrence) • E&O (Claims made)
Property and ancillary coverage
$35,000,000 coverage per claim
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What We Do
Respond to liability and property claims made against our members. Provide appraisal services for property members. Facilitate non-claim related legal advice. Provide loss control services. Provide risk management education and training.
Where does liability exposure of elected
officials arise?
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1
7
0 DENIED SETTLED OPEN
Total Claims : 8
10
6
3
DENIED SETTLED OPEN
Total Claims: 18
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1 1
2
DENIED SETTLED OPEN
Total Claims: 4
Cost of Claims
Legal expenses Time Reputation Personal Settlement
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NEGLIGENT MISREPRESENTATION
Representation is untrue, misleading or inaccurate “Special relationship” Insufficient care in making the representation Reasonable reliance A loss
Negligent misrepresentation requires…
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Primary Defences
No “special relationship” No reliance or reliance not reasonable
CAUTION
Where the party seeking information has an economic interest that is likely tied to the response
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How do we reduce our risk? Learn to identify the risk If not 100% sure of the answer, then ask Qualify your answer Use “invariable practice” Record the exchange
Defamation
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Words used had a negative impact on the plaintiff Words referred to the plaintiff Communication made to third party
Defamation requires…
Real life examples… Accusing a mayor to have been misusing taxpayers’ money to further his own career. Accusing a police officer of being drunk on duty. Calling another council member a “sick son of a bitch”. Suggesting another council member is one of the “biggest jokes” to have been elected in a long time.
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How do we reduce our risk? Understand what constitutes defamation Develop good communication practice/policy Do not trust that communications will be private Get advice
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Settlement Agreements Are Usually Confidential
Questions?
