#5 Deny liability claim from Geico Insurance CompanyADMINISTRATIVE SERVICES MEMORANDUM
January 7, 2011
TO: City Council
FROM: Tim Wellnitz, Assistant City Attorney
SUBJECT: Authorization for the Administration to Deny a Liability Claim from
Geico Insurance Company (Insured Lynnea Kaminski) in the
Amount of $6,458.27
On September 21, 2010, a single vehicle traffic accident occurred when a vehicle
owned and being driven by Lynnea Kaminski left the roadway on West State
Street near South Arch Street in the City of Janesville, Wisconsin and collided
with an Alliant Energy utility pole.
On November 12, 2010, we received a claim from Geico Insurance Company for
property damage to Ms. Kaminski’s personal vehicle in the amount of $6,458.27.
The claim alleges that Ms. Kaminski struck a pothole, which caused her to lose
control of the vehicle. Our investigation determined that it was not a pothole in
the road, but in fact a manhole cover that was off due to a heavy rainstorm.
After investigating this incident, and with the concurrence of the City’s Insurance
Claims Representative at Cities & Villages Mutual Insurance Company (CVMIC),
it has been determined that the City should deny 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 deny by consent and authorize the
Administration to deny the claim received from Geico Insurance Company in the
amount of $6,458.27.
cc: Eric Levitt, City Manager
Jacob J. Winzenz, Director of Administrative Services/Assistant City Manager