7/5/1988 - Laserfiche WebLink

Home Browse Search

Attorney Vitunac informed the Board that this incident involved a drug bust where one of the suspects was shot by the law enforcement officers. Because of the Sheriff's involvement, the decedent's estate has sued the county erroneously. The insurance company is defending us. They have a standard letter saying that they will defend us against going to court, but once we do go to court, we will have to hire our own lawyer. We are aware of that and The Non -Waiver Agreement is a standard form we need to sign. ON MOTION by Commissioner Bird, SECONDED by Com- missioner Wheeler, the Board unanimously authorized the Chairman to execute the Non -Waiver Agreement as recommended by the County Attorney. • No.- P 826 580 110 NON -WAIVER AGREEMENT June 17, 1988 RE: Our File Number: 81153-068 Date of Loss: 6/7/86 Claimant: Margaret Wynn Agreement Number: 337 Our Member: Indian River County Board of County Commissioners Whereas, the County of Indian River hereim.and after called..the designated member, holds a contract Agreement under FML 337, issued by the Florida Municipal Liability Self -Insurer Program, herein after called the Program; and; Whereas, the said designated Member is claiming benefits under the said self-insuring agreement with regard to a cer- tain event occurKingonor about June 7, 1986, which may or may not become the subject of litigation filed by Margaret Wynn and'personal:representative of the Estate of Lamar Wynn,•J•r. anfl Margaret Wynn, Individually, as Plaintiff; and. Whereas, .the said Program -contends, or may later contend that the designated Member is not entitled to such benefits under Exclusion Number 22 of page 7 of the Agreeement, which states that the coverage agreement does not apply to any liability arising out of or caused or contributed to, by any actual or alledged legai discrimination or 64 BOOK 7 L 5 1988