Agenda 12/08/2020 Item #16K 6 (Settlement Agreement - Lloyd's of London, et al)12/08/2020
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign a partial Settlement Agreement in
the lawsuit pending as Board of County Commissioners of Collier County, Florida v. Certain
Underwriters at Lloyd’s of London, et al; Case No. 18-CA-2727 now pending in the 20th Judicial
Circuit in Collier County, whereby the County will receive $2,425,000 to settle its claims against the
Insurer Defendants.
OBJECTIVE: To approve the partial settlement in the lawsuit filed by Collier County for insurance
coverage in connection with debris removal from the County’s roadways following Hurricane Irma.
CONSIDERATIONS: Following Hurricane Irma, the County incurred significant expenses in removing
debris from the County’s roadways. The County submitted this claim to its insurance carriers, Certain
Underwriters at Lloyd’s of London, Landmark American Insurance Company, Westchester Surplus Lines
Insurance Company, and Arch Specialty Insurance Company (collectively, “Insurers”). Insurers denied
the claim, and the County filed a lawsuit seeking a determination of coverage and damages in the amount
of the County’s policy limits for debris removal, or $10,000,000.00. While the litigation was ongoing,
the County also submitted a claim for costs associated with repairs to the medians, including the irrigation
systems within the medians, also related to damage sustained from Hurricane Irma. That claim totaled
$884,549.35 and was not paid by Insurers. Thus, it was added to the above-referenced lawsuit as an
additional claim against Insurers.
The County also brought a claim against its insurance broker, Insurance and Risk Management Services,
Inc. (“IRMS”). Those claims have not yet been settled and remain pending.
The parties completed discovery including written discovery and multiple depositions. The parties
participated in Court Ordered Mediation on October 23, 2020. The Insurers agreed to pay, and the
County agreed to accept (subject to Board approval), the total sum of $2,425,000.00 in complete
satisfaction of the County’s claims against Insurers related to damages sought in the lawsuit. If agreed to
by the Board, no other costs or fees would be due from Insurers.
The County Attorney and Risk Management Director support this Settlement Agreement and recommend
Board approval. The County Attorney and Risk Management Director are recommending that the Board
accept this settlement because the settlement amount is reasonable in light of the risks and costs of
ongoing litigation with Insurers.
FISCAL IMPACT: The County will recoup funds in the amount of $2,425,000.00. Per the Settlement
Agreement, $884,549.35 is payment for the median landscape replacement, and $200,000.00 is for
attorneys’ fees and costs. The County will need to disclose the amount to FEMA and certain portions
could be due to FEMA which are unknown at this time. The County would likely contest any amount
FEMA claimed to be due.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for approval. -CMG
RECOMMENDATION: That the Board approves and authorizes the Chairman to sign the attached
Settlement Agreement in the lawsuit pending as Board of County Commissioners of Collier County,
Florida v. Certain Underwriters at Lloyd’s of London, et al; whereby the County will receive
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12/08/2020
$2,425,000.00 to settle its claims against the Insurer Defendants.
Prepared by: Jeffrey A. Klatzkow, County Attorney, and
Colleen M. Greene, Assistant County Attorney
ATTACHMENT(S)
1. Lloyds Settlement Agreement 12.8.20 - Copy (PDF)
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12/08/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.6
Doc ID: 14226
Item Summary: Recommendation to approve and authorize the Chairman to sign a partial
Settlement Agreement in the lawsuit pending as Board of County Commissioners of Collier County,
Florida v. Certain Underwriters at Lloyd’s of London, et al; Case No. 18-CA-2727 now pending in the
20th Judicial Circuit in Collier County, whereby the County will receive $2,425,000 to settle its claims
against the Insurer Defendants.
Meeting Date: 12/08/2020
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Jessica Hayes
11/12/2020 10:39 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
11/12/2020 10:39 AM
Approved By:
Review:
Risk Management Jeff Walker Additional Reviewer Completed 11/18/2020 1:31 PM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 11/19/2020 8:42 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/19/2020 8:56 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/20/2020 2:23 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 12/01/2020 10:13 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/01/2020 10:48 AM
Board of County Commissioners MaryJo Brock Meeting Pending 12/08/2020 9:00 AM
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16.K.6.aPacket Pg. 3693Attachment: Lloyds Settlement Agreement 12.8.20 - Copy (14226 : Florida v. Certain Underwriters at Lloyd’s of London, et al Settlement
16.K.6.aPacket Pg. 3694Attachment: Lloyds Settlement Agreement 12.8.20 - Copy (14226 : Florida v. Certain Underwriters at Lloyd’s of London, et al Settlement
16.K.6.aPacket Pg. 3695Attachment: Lloyds Settlement Agreement 12.8.20 - Copy (14226 : Florida v. Certain Underwriters at Lloyd’s of London, et al Settlement
16.K.6.aPacket Pg. 3696Attachment: Lloyds Settlement Agreement 12.8.20 - Copy (14226 : Florida v. Certain Underwriters at Lloyd’s of London, et al Settlement
16.K.6.aPacket Pg. 3697Attachment: Lloyds Settlement Agreement 12.8.20 - Copy (14226 : Florida v. Certain Underwriters at Lloyd’s of London, et al Settlement
16.K.6.aPacket Pg. 3698Attachment: Lloyds Settlement Agreement 12.8.20 - Copy (14226 : Florida v. Certain Underwriters at Lloyd’s of London, et al Settlement