Minnesota Courlties l..-.

terg2yernmental Trust
100 Empire Drive, Suite 100 St. Paul, MN 55103-1885 www.mcit.org Phone: 651-209-6400 Toll Free: 866-547-6516 Fax: 651-209-6496

August 27,2013

Deb Koenig Wabasha County 625 Jefferson Avenue Wabasha MN 55981

Jim Nordstrom Wabasha County Attorney 625 Jefferson Avenue Wabasha MN 55981

Re:

Association for Government Accountability, Debra Roschens, David Harms, Merl Norman and Lynn ClijJ., Plaintiffs vs. Wabasha County, Wabasha County Sheriff Department, et al Member: Wabasha County Our File: 13PE0106JC

Dear Ms Koenig and Mr. Nordstrom: We have received the above captioned Complaint and Petition and have reviewed it to determine if coverage for defense or indemnification might be available under Wabasha County's 2013 MCIT Coverage Document. The Complaint is seeking declaratory and injunctive relief. The Complaint seeks the following: Declaratory Judgment that Wabasha County has a duty not to violate the law in the operation of its administrative enforcement program known as the Safe DrivingClass. Injunctive relief for the Wabasha County Sheriff s Department to cease illegalities in their exercise of authority it does not possess under Minnesota law.

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.. ............. . ........... "Providing Minnesota counties and associated members cost-effective coverage with comprehensive and quality risk management seNices.
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Koenig/N ordstrom August 27,2013 Page 2 of4

You and I had discussed this earlier advising we do not provide coverage for this matter under Wabasha County's 2013 MCIT Coverage Document. This letter will outline the reasons that coverage is not applicable. Please refer you to your 2013 MCIT Coverage Document as follows:

D. COVERAGE PART D - PUBLIC EMPLOYEES LIABILITY COVERAGE

1. Coverage Agreement a. We will pay, on behalf of the "Covered Party", all "Damages" which the "Covered Party" shall be legally obligated to pay for "Claims" first made against it during the "Coverage Period" because of a "Wrongful Act" first committed on or after the Retroactive Date shown in the "Declarations". No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SECTION III SUPPLEMENTARY PAYMENTS. The "Wrongful Act" must take place in the "Coverage Territory". We will have the right and duty to defend any "Suit" seeking those "Damages".

SECTION VI. DEFINITIONS

8. "Claim" means: a. A demand received by a "Covered Party" for money or services which may include the service of "Suit" against a "Covered Party";

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Koenig/N ordstrom August 27,2013 Page 3 of4

As there is no demand being made against Wabasha County for money or services, there is no grant of coverage. Next, please refer to the following exclusionary language:

SECTION IV. GENERAL EXCLUSIONS

Applicable to all Liability Coverages, the Coverage provided does not apply to:

1.

Non-Monetary Relief

"Claims" or "Suits" against a "Covered Party" for non-monetary relief or remedy such as, but not limited to, criminal prosecutions and proceedings, elections, actions for injunction or declaratory judgment, mandamus actions, actions to enforce or invalidate ordinances, zoning restrictions or contracts or actions to require compliance with applicable law and regulations or seeking exemption therefrom. This exclusion does not apply to writs of certioraris for employment related matters or "Claims" or "Suits" alleging open meeting or government data practices violations by a "Covered Party". Even if there were a grant of coverage, the Non-Monetary Relief Exclusion is on point and would be applicable. Therefore, there is no coverage under your 2013 MCIT Coverage Document for this complaint and MCIT has no duty to defend or indemnify Wabasha in this matter. Our position is based upon the facts as presented to us to date. MCIT further asserts and does not waive any of the conditions, definitions or exclusions in the Coverage Document whether or not addressed in this letter. If you have any additional information for us to consider, please forward it immediately.

lfyou disagree with the basis of the decision outlined above, written request for review must be made to the Board or their designee, Robyn M Sykes, MelT Executive Director, at 100 Empire Drive, Suite 100, Sf. Paul, MN 55103-1885. This request must be made within 21 calendar days of the date of this correspondence.

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KoeniglN ordstrom August 27,2013 Page 4 of4

The Executive Director shall advise the Board who will set a date for a hearing. Prior to the hearing the Member shall provide the following information: 1) Identification of the decision being appealed 2) A statement of the issuers) for the Board's consideration, including copies of all documents, letters and other items relevant to the appeal. 3) A summary of the position and arguments of the Member. 4) The disposition requested by the Member. 5) The anticipated length of the hearing including a list of all witnesses and presenters to be utilized by the Member at the hearing.
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Conwa Sr. Claims Representative Direct: 651-209-6433 Toll Free: 866-547-6516 ext. 6433 Fax: 651-209-6494 iconway@mcit.org

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