#6 Authorize to deny a liability claim from Yeske Construction CompanyCITY ATTORNEY’S OFFICE MEMORANDUM
December 21, 2011
TO: City Council
FROM: Tim Wellnitz, Assistant City Attorney
SUBJECT: Authorization for the Administration to Deny a Liability Claim from
Yeske Construction Company in the Amount of $5,081.92.
On July 11, 2011, a Yeske Construction Company vehicle was involved in a
motor vehicle accident with a City of Janesville truck at the intersection of N.
Jackson Street and Centerway in Janesville, Wisconsin.
On September 15, 2011, a claim was received from United Fire Group for their
insured, Yeske Construction for property damage in the amount of $5,081.92.
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 Yeske Construction Company in
the amount of $5,081.92.
cc: Eric Levitt, City Manager
Jacob J. Winzenz, Director of Administrative Services/Assistant City Manager