Subject:
Title
Proposed initiation of litigation in the case of Pinellas County v. Factory Mutual Insurance d/b/a FM Global, related to an insurance coverage dispute.
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Recommended Action:
Recommended Action
Approval and authorization for the County Attorney to initiate litigation against Factory Mutual Insurance d/b/a FM Global.
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Strategic Priorities:
N/A
Summary:
Summary
In July of 2025, a depression was discovered in the asphalt road on the west bank of the 64MG Reclaim Water (RCW) Effluent Storage Pond located at the Dunn Water Reclamation Facility. This depression was near a karst formation. This led to bank destabilization and the tearing of the structure's HDPE pond liner.
Risk Management tendered the County’s claim to its carrier, FM Global, on August 26, 2025. To date, the Carrier has not made any good faith offer to settle, failed to tender the undisputed amount until March 6, 2026, has misrepresented and mischaracterized the nature of the payment of the undisputed amount, has misrepresented pertinent facts and policy provisions by consistently citing to the soil exclusion and failing to acknowledge the location of the effluent pond and that the compacted base under the liner and asphalt roadway is an integral part of a engineered structure, has failed to tender interest due on its untimely payment of the undisputed amount, and has failed to adequately investigate the claim due to their failure to send a qualified person, a Florida Professional Engineer, to inspect the structure and damage. A Civil Remedy Notice was filed on March 13, 2026, to perfect the County’s right to pursue a civil remedy.
This authorization includes bringing suit against all defendants for all claims that are or may become necessary to fully litigate this action or actions seeking declaratory and monetary relief as deemed appropriate.
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Background Information:
N/A
Fiscal Impact:
Unknown.
Staff Member Responsible:
Jewel White, County Attorney
Christy Donovan Pemberton, Managing Assistant County Attorney
Keith Bentley, Director, Risk Management
Jeremy Waugh, Director, Utilities
Partners:
N/A
Attachments:
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