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Oshkosh council asks how waiving insurance or sponsoring events affects city exposure; sewer backups and 'no-fault' options discussed

November 26, 2025 | Oshkosh City, Winnebago County, Wisconsin


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Oshkosh council asks how waiving insurance or sponsoring events affects city exposure; sewer backups and 'no-fault' options discussed
During a League Insurance presentation, Oshkosh council members pressed for clarity about special-event insurance and the ramifications of waiving third-party insurance requirements. A council member asked whether, by waiving the requirement for a nonprofit using the amphitheater, the city would become uninsured; Becker said the city's policy remains in force and the League would defend claims against the city, but the city could lose the extra protection provided by being named on a third party's policy and might see changes to its experience rating at renewal.

"You guys have a nice $0 deductible on your liability insurance," Becker said, adding that the League will defend the city even if a third party's Certificate of Insurance (COI) proves invalid. A council member summarized the concern: waiving insurance for a third party could increase the city's exposure and affect premiums. Becker recommended sticking to written, consistently applied policies rather than granting ad hoc waivers that might appear discriminatory.

The council also asked whether the city can sponsor events outside city property to permit third parties to 'use' the city's insurance. Becker said sponsoring without control cannot be used as a mechanism for third parties to access city insurance; he said the city can waive fees or sponsor an event but should not allow outside groups simply to use the city's policy for their operations.

On sewer backups, Becker said Oshkosh's policy provides coverage if the city is found negligent. He cited Wisconsin case law and the doctrine of discretionary immunity, which generally shields municipalities unless a ministerial duty was breached. Becker described a "no-fault sewer" product that removes liability determinations and pays claims regardless of fault but said it may not be cost-effective for Oshkosh because sewer-backup claims are frequent and may make the math unfavorable.

Council members said the city should communicate clearly with users when insurance requirements are waived so event organizers and attendees do not assume the city is providing insurance. Becker suggested written agreements that require outside operators to carry their own coverage and name the city as additional insured when appropriate.

The council took no formal vote during the session; the discussion resolved into a direction to maintain consistent written policy and to bring documentation back to staff for any potential policy changes.

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Scribe from Workplace AI
Scribe from Workplace AI