Williamson County approves costly new liability coverage

MARION — Williamson County will pay higher insurance premiums and carry a tenfold higher deductible on its law enforcement and liability coverage after commissioners on Friday approved a nearly $1.4 million package built around a new carrier and a $500,000 self-insured retention.

The move follows an Aug. 22 notice of nonrenewal from the county’s current insurer for law enforcement liability and excess coverage, which forced the board to seek a new provider. Only two companies were willing to quote the county.

At Friday’s meeting, the board unanimously approved a $908,571 liability and workers’ compensation package through Illinois Counties Risk Management Trust and a $466,330 excess liability policy through Obsidian. The excess policy adds $5 million in protection above the county’s $1 million base limits.

Commissioner Jim Marlo said the decision reflected the limited options available.

“We don’t have much choice,” Marlo said before voting.

He said the nonrenewal stemmed from lawsuits tied to the sheriff’s department. Marlo told fellow commissioners that he met with Snedeker Risk Management representatives, Eric Snedeker and Jacob Janssen, to review the situation, and that he also spoke with Joshua Blackwell, a member of ICRMT’s law enforcement liability team.

“In speaking with Eric Snedeker and Jacob Janssen, and in speaking with Joshua Blackwell, it’s driven by the number of lawsuits filed against our county stemming from high-speed pursuits and claims of the use of excessive force within the jail,” Marlo said.

Marlo said 16 additional lawsuits were filed this year under the current policy. Those will fall under the $50,000 deductible, but all new claims filed after Dec. 1 will be subject to the $500,000 level.

“Our deductible is going from $50,000 per claim to $500,000 per claim,” Marlo said. “That’s a 900% increase in deductible. … Public safety does turn into public liability, and the corresponding costs will be picked up by the taxpayer.”

Board Chairman Tim Atkisson said the higher deductible is not paid to the insurer upfront; instead, it must be maintained in the county’s liability fund.

“That isn’t something we have to pay to the insurance company,” Atkisson said. “It will only be used if we have lawsuits or damages that we have to pay for in the future.”

He said the fund holds about $3.2 million.

County attorney Rhett Barke said the financial impact of the pending lawsuits is unknown.

“It really is a guessing game,” Barke said. “Some cases can be dismissed for $5,000, or they can become big hitters.”

Only two insurers offered proposals after the nonrenewal, and Janssen told commissioners the gap between them was substantial. He said Obsidian’s proposal was about $200,000 cheaper than one from Berkeley and included $3 million more in excess coverage.

Barke said lawsuits rarely settle in the same year they are filed, giving the county time to prepare if costs exceed the liability fund. Any amount beyond what the fund can cover would fall back on taxpayers.

Marlo said insurers want evidence that the county is working to reduce its risk. “They would like to see maybe compliance that shows that we are making an effort to try to avoid potential lawsuits,” he said.

In other business, the board approved a $250,000 bond for the internal auditor at no additional cost, advanced an ordinance to add the former AMC theater property to the county enterprise zone and approved several ARPA requests for water and infrastructure projects. Marlo also reported that construction on the new animal control facility is “coming along pretty good.”

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