WCIA warns Monroe council of rising liability and urges process safeguards
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Summary
A WCIA representative told Monroe council members the liability market is tightening, cited large jury verdicts and urged use of hearing examiners, adherence to legal advice and careful handling of executive‑session and written communications.
Anne Bennett, a representative of the Washington Cities Insurance Authority, warned the Monroe City Council on Feb. 10 that liability costs and jury awards for public entities have surged and recommended steps to reduce legal exposure.
Bennett described WCIA as a municipal risk pool created to let cities pool money and self‑insure. She told council members that reinsurance carriers have pulled back from Washington because of the state's tort environment and that some verdicts have reached "nuclear" sizes, citing recent multimillion‑dollar awards. "These are real scary times," she said.
Bennett urged councils to avoid "political engineering" of public‑works decisions and recommended using hearing examiners for land‑use appeals to limit exposure under the appearance‑of‑fairness doctrine. She also told council members they receive absolute immunity for legislative acts "so as you are legislating, you cannot be sued for your actions during your legislative efforts," while reminding them that personnel matters and certain written assurances can create individual liability.
Bennett recounted cases in which councils' public statements or intentional decisions exposed their cities to large awards or denial of coverage; she cautioned that insurance does not cover intentional violations of law or certain contract liabilities. She also warned against leaking executive‑session information and advised council members to use city email and exercise care on social media because public‑records rules can expose personal devices when those devices are used for city business.
City Attorney Zach (speaker 16) applauded Bennett's presentation and agreed the points were "distilled into a very digestible, easily to understand format."
Why it matters: Rising verdict sizes and tighter reinsurance markets can increase liability exposure for cities, affecting budgets and policy choices. Bennett's recommendations — and the council discussion that followed — are intended to reduce legal risk and preserve public funds.
What’s next: Council members asked clarifying questions about fault allocation, crosswalks and studies; staff and the city attorney remain available to provide follow‑up guidance to minimize exposure.
