Minot council unanimously denies resident’s claim over March water-main break

The Minot City Council on April 22 unanimously voted to deny a resident’s claim for damages stemming from a March water-main break at 1917 Third Street Northwest, following advice from the city attorney and the city’s insurer.

The council approved staff’s recommendation after the city attorney told members the claim “was submitted to our insurance company, the North Dakota Insurance Reserve Fund, and they denied the claim,” and that North Dakota case law in similar water-main break cases generally favors municipalities. She added that, based on the information staff has seen so far, the facts do not show municipal liability and that it would be premature to enter executive-session negotiations without the claimant providing receipts, invoices or other proof of damages.

Why it matters: The council’s action closes the complaint for now but leaves a policy question about whether the city should change its insurance coverage. Several council members said denying the claim was intended to avoid setting a precedent that could obligate the city to pay for similar failures of aging infrastructure in the future.

Council members pressed staff on precedent and practice. Alderman Hayes said he sympathized with the resident but worried about where to draw the line if the city began paying such claims. Alderman Mill said she did not recall prior comparable demands or attorney correspondence. Alderman Pittner emphasized that the damage appeared to stem from aging infrastructure rather than negligence and asked whether council should act now or wait for additional documentation.

Alderman Bless described a coverage gap for homeowners, saying, “Your normal homeowners policies will not cover it,” and noting national flood insurance is the only commonly available policy that would cover moving water in many circumstances. He said that left homeowners vulnerable and lamented the situation even as he supported denial.

While voting to deny the current claim, the council directed staff to explore options to reduce future homeowner exposure. Alderman Fuller urged the city to consider adding an insurance rider so the city could help residents in similar incidents; the city manager responded, “yes, we absolutely will look to see if we can get some insurance to cover this in the future.”

The mayor closed the special meeting after the clerk called the roll; the motion to deny the claim passed unanimously.

Next steps: Staff will communicate the council’s decision to the claimant and will research whether the city can obtain insurance coverage or an insurance rider to address similar incidents going forward. No executive-session negotiation or settlement was authorized at the meeting.