Iowa Communities Assurance Pool (ICAP) Tree PlantingCity of Dubuque
City Council Meeting
Consent Items # 05.
Copyrighted
October 17, 2022
ITEM TITLE: Iowa Communities Assurance Pool (I CAP) Tree Planting
SUMMARY: Senior Counsel transmitting information regarding ICAP presenting the
city with a tree to celebrate I CAP's thirty-fifth anniversary and to
acknowledge the city's long-standing participation in I CAP. The tree was
planted in Flora Park on October 5, 2022.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description
Staff Memo
Type
Staff Memo
THE C
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Masterpiece on the Mississippi
BARRY A. LINDAHL, ESQ.
SENIOR COUNSEL
MEMO
To: Mayor Brad Cavanagh
and Members of the City Council
DATE: October 11, 2022
RE: The City of Dubuque and the Iowa Communities Assurance Pool
Dubuque
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2007-2012.2013
2017*2019
At common law, Iowa cities, generally were immune from tort liability except where a
statute provided for liability and even then, liability was subject to numerous common law
exceptions.
In a 1964 case, the Iowa supreme court concluded the doctrine of governmental immunity
should be re-examined but any change in the doctrine should be made by the legislature,
not by the court.
Iowa Code Chapter 613A (now Chapter 670), enacted in 1967, made governmental
subdivisions, including municipalities, liable in tort to the extent set out in the statute. The
effect of the statute was to remove the defense of governmental immunity from the
commission of all torts except for certain exceptions.
Under Iowa Code § 670.7, a governing body of a municipality may purchase a policy of
liability insurance, may also adopt a self-insurance program, or may join and pay funds
into a local government risk pool to protect the municipality against any or all liability, loss
of property, or any other risk associated with the operation of the municipality.
Following the adoption of Iowa Code Chapter 670, Iowa cities had to consider purchasing
additional liability insurance policies, and many, including the City of Dubuque, did
purchase insurance. However, at some point, traditional insurance became very
expensive and typically included many exclusions from coverage, such as liability for
street and sidewalk injuries, a common basis of municipal liability for injuries.
In 1986, a number of Iowa governmental entities created the Iowa Communities
Assurance Pool (ICAP), a local government risk pool authorized by Iowa Code § 670.7.
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL balesq@cityofdubuque.org
ICAP provides property and casualty coverage to nearly 800 Iowa public entities,
including 74 of the state's 99 counties. ICAP is not insurance. With traditional insurance,
the insured transfers risk to the insurer. In a self-assurance pool, like ICAP, risk is shared
by pool members.
The City of Dubuque joined ICAP in 1986 and has a contract with ICAP for property and
general liability coverage which is like an insurance policy. The ICAP Governmental
Property Agreement covers buildings, personal property, and vehicles.
2021 was ICAP's thirty-fifth anniversary. To celebrate this landmark and to acknowledge
the City of Dubuque's long-standing participation, ICAP presented the City with a tree
which was planted in Flora Park on October 5.
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