City Hall
1 Dr. Carlton B. Goodlett
Place
San Francisco, CA 94102-
4689
City and County of San Francisco
Legislation Details
File #:
Version:
1
101463
Name:
Settlement of Lawsuit - Lexington Insurance - City to
Receive $2,750,000; Appropriating Settlement
Proceeds
Status:
Type:
Ordinance
Passed
File created:
In control:
11/23/2010
Board of Supervisors
On agenda:
Final action:
11/23/2010
1/7/2011
Enactment date:
1/7/2011
10-11
Enactment #:
Title:
Ordinance authorizing settlement of the lawsuit entitled City and County of San Francisco v. Lexington
Insurance Company, San Francisco County Superior Court Case No: CGC-10-498967 (Action),
removed to United States District Court, N.D. Cal., Case No: 3:10-CV1-02188-SI, arising from an
insurance coverage dispute involving a claims-made Designers and Construction (i.e., professional
liability) Project Specific Professional Liability and Pollution Liability Policy issued by Lexington
Insurance Company (Lexington) to the San Francisco Public Utilities Commission for the period
February 1, 2002, to February 1, 2006, policy number 1152114 (Lexington Policy), calling for payment
of $2,750,000 from Lexington to the City and County of San Francisco and including other material
terms of said settlement: (1) Lexington will have no further obligations under the Lexington Policy and
said policy shall be considered null and void and of no further force and effect; (2) San Francisco will
defend and hold harmless and indemnify Lexington from and against any demand against Lexington
made under the Lexington Policy; (3) all parties will execute a mutual release; (4) San Francisco will
execute and file a dismissal of all claims with prejudice; (5) the City and Lexington each shall bear its
own legal costs and fees arising from this action; and appropriating the full proceeds from the
settlement to fund the San Francisco Public Utilities Commission's attorney fees and legal expenses
related to certain pending litigation matters.
Sponsors:
Attachments:
1. Leg_Ver1, 2. Comm_Packet_120810, 3. Comm_Packet_121310, 4. Board_Packet_121410, 5.
Leg_Final
Action By
Date
Action
Result
Ver.
RECEIVED AND ASSIGNED
President
11/15/2010
1
MEETING RECESSED
Budget and Finance Committee
12/8/2010
1
Pass
RECOMMENDED AS COMMITTEE
REPORT
Budget and Finance Committee
12/13/2010
1
Pass
PASSED, ON FIRST READING
Board of Supervisors
12/14/2010
1
Pass
FINALLY PASSED
Board of Supervisors
1/4/2011
1
Pass
APPROVED
Mayor
1/7/2011
1