Resolution 11456 RESOLUTION NO. 11456
WHEREAS in the case of Nye vs. City of Miami Beach, Case No.
59L - 2654, in the Dade County Circuit Court, judgment was entered
against the City for $16, 500.00, and all appeals have been
exhausted, and
WHEREAS said suit set forth three causes of action, namely,
assault and battery, false arrest and false imprisonment, and
WHEREAS Iowa Home Mutual Insurance Company, the City's insur-
ance carrier is, by the terms of its insurance contract, limited
to a liability of $15, 000.00, and
WHEREAS the insurance carrier contends that it is liable for
only the cause of action based on assault and battery, and that it
is not liable on the causes of action based on false arrest and
false imprisonment, and that therefore it is liable only for 1/3
of $15, 000. 00, and
WHEREAS the City contends the verdict is indivisible and that
the carrier is liable for the full amount of the policy, or
$15, 000. 00, and
WHEREAS to avoid the accrual of additional interests and
costs, it has been agreed by the attorneys for the respective
parties, subject to the approval of the City Council, that the
insurance carrier pay the full amount of its policy or $15, 000.00,
together with interest and costs, on condition, however, that
such payment shall be acknowledged to be without prejudice to its
claim that its liability is limited to one-third of that amount,
and without prejudice to its right to institute suit to establish
its said claim, and
WHEREAS the City Attorney has recommended to the City Council
that such agreement is to the best interests of the City,
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF MIAMI BEACH, FLORIDA, that said agreement be and the
same is approved and ratified, and that the payment by Iowa Home
Mutual Insurance Company of the full amount of its policy in this
matter, to wit, $15, 000.00, shall be taken and deemed to have
been made under protest and without prejudice to its claim that
it is liable for only one-third of the amount of the policy of
insurance in this matter.
PASSED and ADOPTED this 7th day of April , 1965.
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OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
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