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City insurer: waiving event insurance doesn’t leave Oshkosh uninsured, but it shifts risk
Summary
Oshkosh's insurer explained the city's liability coverage applies to city‑sponsored activities and that waiving a third party's insurance requirement does not, according to the presenter, make the city uninsured — though it can erode protections tied to additional‑insured status and affect renewal experience ratings.
Council members asked repeatedly whether waiving insurance requirements for third‑party special events would expose the city to uncovered liability. An unnamed council member said waiving requirements could "eliminat[e] insurance protection" for the city; Matt Becker of the League Insurance program replied that "you are not uninsured" and the League would still defend claims against the city.
Becker told council members the League's policy follows the city's actions: if the city is organizing, sponsoring or running an event, the city's policy applies to the city, its elected officials, employees and volunteers. He cautioned that the League's policy does not pick up exposure for a third party's independent operations and recommended best practice that third parties renting or running events carry their own insurance and name the city as an additional insured where appropriate.
During back‑and‑forth, council members raised a hypothetical: if the city accepted a certificate of insurance that later proved invalid, would the League still defend the city? Becker said the League would defend and manage the claim for the city but that the absence of third‑party coverage can still shift costs and affect the city's experience rating at renewal.
Becker advised consistent policies and careful communication with event organizers: if the council opts to waive an insurance requirement on a case‑by‑case basis it risks the appearance of unequal treatment; he recommended sticking to documented criteria or formally amending the city policy.
The council did not adopt any change during the meeting; Becker offered to provide follow‑up materials for staff.
