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#5 Liability claim from Daniel and April HalbachCITY ATTORNEY’S OFFICE MEMORANDUM April 24, 2009 TO: City Council FROM: Tim Wellnitz, Assistant City Attorney SUBJECT: Authorization for the Administration to Accept a Liability Claim from State Farm Insurance (Daniel & April Halbach) in the Amount of $5,250.00 On September 2, 2008, Daniel and April Halbach’s home and personal property was damaged by a sanitary sewer backup. This residence had a finished lower level. The personal property claim submitted by the Halbachs was previously settled for $8,720.00. On December 18, 2008 we received the expected subrogation claim from State Farm Insurance Company for repairs to the Halbach’s home and removal and disposal of the damaged personal property in the amount of $10,500.00. I have negotiated a settlement of this claim in the amount of $5,250.00. After investigating this claim it has been determined that the City should accept this claim. Resolution 89-1175, establishing our claims administration procedure, states in section 4.3a: The City Claims Administrator shall review, investigate, verify and within ninety (90) days of receiving such claim, prepare and forward a written recommendation to the Common Council for its review, consideration, and action each and every claim in face amount greater than Five Thousand Dollars ($5,000). I recommend that the City Council approve by consent and authorize the Administration to accept the claim received from State Farm Insurance in the amount of $5,250.00. cc: Eric Levitt, City Manager Jacob J. Winzenz, Director of Administrative Services/Assistant City Manager CITY ATTORNEY’S OFFICE MEMORANDUM April 24, 2009 TO: City Council FROM: Tim Wellnitz, Assistant City Attorney SUBJECT: Authorization for the Administration to Accept a Liability Claim from State Farm Insurance (Daniel & April Halbach) in the Amount of $5,250.00 On September 2, 2008, Daniel and April Halbach’s home and personal property was damaged by a sanitary sewer backup. This residence had a finished lower level. The personal property claim submitted by the Halbachs was previously settled for $8,720.00. On December 18, 2008 we received the expected subrogation claim from State Farm Insurance Company for repairs to the Halbach’s home and removal and disposal of the damaged personal property in the amount of $10,500.00. I have negotiated a settlement of this claim in the amount of $5,250.00. After investigating this claim it has been determined that the City should accept this claim. Resolution 89-1175, establishing our claims administration procedure, states in section 4.3a: The City Claims Administrator shall review, investigate, verify and within ninety (90) days of receiving such claim, prepare and forward a written recommendation to the Common Council for its review, consideration, and action each and every claim in face amount greater than Five Thousand Dollars ($5,000). I recommend that the City Council approve by consent and authorize the Administration to accept the claim received from State Farm Insurance in the amount of $5,250.00. cc: Eric Levitt, City Manager Jacob J. Winzenz, Director of Administrative Services/Assistant City Manager CITY ATTORNEY’S OFFICE MEMORANDUM April 24, 2009 TO: City Council FROM: Tim Wellnitz, Assistant City Attorney SUBJECT: Authorization for the Administration to Accept a Liability Claim from State Farm Insurance (Daniel & April Halbach) in the Amount of $5,250.00 On September 2, 2008, Daniel and April Halbach’s home and personal property was damaged by a sanitary sewer backup. This residence had a finished lower level. The personal property claim submitted by the Halbachs was previously settled for $8,720.00. On December 18, 2008 we received the expected subrogation claim from State Farm Insurance Company for repairs to the Halbach’s home and removal and disposal of the damaged personal property in the amount of $10,500.00. I have negotiated a settlement of this claim in the amount of $5,250.00. After investigating this claim it has been determined that the City should accept this claim. Resolution 89-1175, establishing our claims administration procedure, states in section 4.3a: The City Claims Administrator shall review, investigate, verify and within ninety (90) days of receiving such claim, prepare and forward a written recommendation to the Common Council for its review, consideration, and action each and every claim in face amount greater than Five Thousand Dollars ($5,000). I recommend that the City Council approve by consent and authorize the Administration to accept the claim received from State Farm Insurance in the amount of $5,250.00. cc: Eric Levitt, City Manager Jacob J. Winzenz, Director of Administrative Services/Assistant City Manager CITY ATTORNEY’S OFFICE MEMORANDUM April 24, 2009 TO: City Council FROM: Tim Wellnitz, Assistant City Attorney SUBJECT: Authorization for the Administration to Accept a Liability Claim from State Farm Insurance (Daniel & April Halbach) in the Amount of $5,250.00 On September 2, 2008, Daniel and April Halbach’s home and personal property was damaged by a sanitary sewer backup. This residence had a finished lower level. The personal property claim submitted by the Halbachs was previously settled for $8,720.00. On December 18, 2008 we received the expected subrogation claim from State Farm Insurance Company for repairs to the Halbach’s home and removal and disposal of the damaged personal property in the amount of $10,500.00. I have negotiated a settlement of this claim in the amount of $5,250.00. After investigating this claim it has been determined that the City should accept this claim. Resolution 89-1175, establishing our claims administration procedure, states in section 4.3a: The City Claims Administrator shall review, investigate, verify and within ninety (90) days of receiving such claim, prepare and forward a written recommendation to the Common Council for its review, consideration, and action each and every claim in face amount greater than Five Thousand Dollars ($5,000). I recommend that the City Council approve by consent and authorize the Administration to accept the claim received from State Farm Insurance in the amount of $5,250.00. cc: Eric Levitt, City Manager Jacob J. Winzenz, Director of Administrative Services/Assistant City Manager CITY ATTORNEY’S OFFICE MEMORANDUM April 24, 2009 TO: City Council FROM: Tim Wellnitz, Assistant City Attorney SUBJECT: Authorization for the Administration to Accept a Liability Claim from State Farm Insurance (Daniel & April Halbach) in the Amount of $5,250.00 On September 2, 2008, Daniel and April Halbach’s home and personal property was damaged by a sanitary sewer backup. This residence had a finished lower level. The personal property claim submitted by the Halbachs was previously settled for $8,720.00. On December 18, 2008 we received the expected subrogation claim from State Farm Insurance Company for repairs to the Halbach’s home and removal and disposal of the damaged personal property in the amount of $10,500.00. I have negotiated a settlement of this claim in the amount of $5,250.00. After investigating this claim it has been determined that the City should accept this claim. Resolution 89-1175, establishing our claims administration procedure, states in section 4.3a: The City Claims Administrator shall review, investigate, verify and within ninety (90) days of receiving such claim, prepare and forward a written recommendation to the Common Council for its review, consideration, and action each and every claim in face amount greater than Five Thousand Dollars ($5,000). I recommend that the City Council approve by consent and authorize the Administration to accept the claim received from State Farm Insurance in the amount of $5,250.00. cc: Eric Levitt, City Manager Jacob J. Winzenz, Director of Administrative Services/Assistant City Manager