Agenda 02/09/2021 Item #16K3 (Partial Settlement Agreement Case No. 18-CA-2727)02/09/2021
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 $200,000 to settle its claims against
Insurance and Risk Management Services, Inc.
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OBJECTIVE: Recommended to approve the partial settlement in the lawsuit filed by the 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 t otaled
$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”), for its role in procuring the policy that resulted in Insurers denying coverage. The total
amount of damages recoverable against IRMS was approximately $500,000.00, representing the County’s
out of pocket payments resulting from the lack of coverage.
The parties completed discovery including written discovery and multiple depositions. The parties
participated in Court Ordered Mediation on October 23, 2020. At the mediation, the County settled with
Insurers, which settlement was previously approved by the Board of County Commissioners (December
8, 2020 Item 16K6). The County has since also settled its claims against IRMS subject to approval by the
Board of County Commissioners.
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 IRMS.
FISCAL IMPACT: The County will recoup funds in the amount of $200,000.00, which is on top of the
$2,425,000.00 previously received from Insurers. The County may 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.
RECOMMENDATION: That the Board approves and authorizes the Chairman to execute the 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.
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02/09/2021
Prepared by: Jeffrey A. Klatzkow, County Attorney, and
Colleen M. Greene, Assistant County Attorney
ATTACHMENT(S)
1. Lloyds Settlement Agreement (PDF)
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02/09/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3
Doc ID: 14885
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 $200,000 to settle its claims
against Insurance and Risk Management Services, Inc.
Meeting Date: 02/09/2021
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Jessica Hayes
02/01/2021 9:48 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
02/01/2021 9:48 AM
Approved By:
Review:
Risk Management Jeff Walker Additional Reviewer Completed 02/01/2021 9:51 AM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 02/01/2021 11:40 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 02/01/2021 11:43 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/01/2021 2:57 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 02/02/2021 12:44 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 02/02/2021 1:51 PM
Board of County Commissioners MaryJo Brock Meeting Pending 02/09/2021 9:00 AM
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Packet Pg. 1389 Attachment: Lloyds Settlement Agreement (14885 : Settlement Agreement Case No. 18-CA-2727; Lloyds of London)
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Packet Pg. 1390 Attachment: Lloyds Settlement Agreement (14885 : Settlement Agreement Case No. 18-CA-2727; Lloyds of London)
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Packet Pg. 1391 Attachment: Lloyds Settlement Agreement (14885 : Settlement Agreement Case No. 18-CA-2727; Lloyds of London)
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Packet Pg. 1392 Attachment: Lloyds Settlement Agreement (14885 : Settlement Agreement Case No. 18-CA-2727; Lloyds of London)