220310': ACZM=B=_ -.a. . V _
0III6IN1IL TO CITY CLERK
CITY OF ST. PAUL
OFFICE OF THE CITY CLERK
COUNCIL/ R-ESOLUTIO ENERAL FORM
!NiSfNTED C9-/ A
JigiNCa NO.
WHEREAS, on September 9, 1964, a suit was commenced by Edward
Nunez,.a minor, by Angel E. Nunez, against the City of Saint Paul
and others alleging personal injuries suffered by said minor while
a patient at Ancker Hospital during a period from August 18, 1961,
to about eight weeks.thereafter; and
WHEREAS, insurance had been obtained so that a policy issued to the
County of Ramsey and the City of Saint Paul by Argonaut Insurance Company
was in effect at the time; and said insurer has requested that it be
permitted to assert the defenses provided by law;
BE IT RESOLVED.. by the City Council of the City of Saint Paul
that said.insurer is-authorized and directed to assert the defenses
of no liability on the part of the City because of the failure of
plaintiffs to serve notice of their claims for damages pursuant to
26 MSA 9 465.09; further to assert the defense that the claim is barred
by the Statute of Limitations; and further, to the extent that the
claim exceeds the insurance coverage in effect, to assert the defense
that the City is immune from suit because of the doctrine of govern-
mental immunity.
r OV _D
'
s�� ._t"ASSt. Wi ('
COUNCILMEN
Yeas Nays
Dalglish
Holland
Loss Tr Favor
Meredith L)
erson
A: ;��t
�o
Mr President,
IOU a-ft
OCT 91
Adopted by the Council 19—
OCT 91964
Approved 19—
Acting Mayor
pUBLISHED OCT 171964
DulLICAT[ TO ►RINT[R 220310
CITY OF ST. PAUL COUNCIL NO
OFFICE OF THE CITY CLERK
COUNCIL RESOLUTION - GENERAL FORM
PRESENTED BY
COMMISSIONER DATE
WHEREAS, on September 9, 1964, a suit was commenced by Edward
Nunez, a minor, by Angel E. Nunez, against the City of Saint Paul
and others alleging personal injuries suffered by said minor while
a patient at Ancker Hospital during a period from August 18, 1961,
to about eight weeks thereafter; and
WHEREAS, insurance had been obtained so that a policy issued to the
County of Ramsey and the City of Saint Paul by Argonaut Insurance Company
was in effect at the time; and said insurer has requested that it be
permitted to assert the defenses provided by law;
BE IT RESOLVED, by the City Council of the City of Saint Paul
that said insurer is authorized and directed to assert the defenses
of no liability on the part of the City because of the failure of
plaintiffs to serve notice of their claims for damages pursuant to
26 msA § 465.09; further to assert the defense that the claim is barred
by the Statute of Limitations; and further, to the extent that the
claim exceeds the insurance coverage in effect, to assert the defense
that the City is immune from suit because of the doctrine of govern-
mental immunity.
COUNCILMEN
Yeas Nays
Dalglish
Holland
Loss
Meredith
Peterson
0`�2 sen
en ,
10M 6-ft
OCT 9 IW
Adopted by the Council 19—
OCT 9 1964
Approved 19—
Tn Favor
O
A Mayor
$81nSt