If the investigation reveals that there is a liability exposure, damages are assessed and attempts are made to settle the matter.

When a claimant disagrees with an assessment or presents new evidence, Risk Management will review the claim for reconsideration. If after a review, the Division’s position remains unchanged, the claimant may accept the decision or choose to commence a lawsuit. Sometimes lawsuits are commenced directly, without the claimant first going through the claims process. Lawsuits are defended primarily by internal Legal Counsel.

The City’s insurance deductible for General Liability and Errors & Omissions claims is $250,000 per occurrence. The insurance deductible for Transit and Auto claims is $100,000, as automobile insurance is governed differently and does not allow for as much under-deductible control of claims. The Risk Management Division works closely with the City’s insurers in resolving claims. With the insurers’ agreement, the Risk Management Division has authority to resolve claims falling well under the applicable deductible, while the insurer authorizes claim payments that are over the deductible. The Risk Management Division and the insurers work together in assessing claims that have potential to breach the deductible but are still within the City’s exposure.

A. Number of Claims Against the City

The table below shows the number of claims/lawsuits [collectively “Claims”] made against the City by loss type per year since 2015.

Claims made against the City
Loss Type	2015	2016	2017	2018	2019
Slip and Falls	40	28	22	37	27
Trip and Falls	44	39	33	42	53
Claimant Property Damage	31	23	35	50	28
Road Conditions	54	39	51	185	87
Sewer Backup	17	414*	31**	13	8
Tree Liability	47	45	49	59	52
Police Liability	9	12	7	6	10
Independent Contractors	49	29	39	35	43
Error & Omissions	1	1	9	4	1
Auto Liability	9	17	17	15	18