#05 Authorize to deny liability claim from Gary & Mary Graves
ADMINISTRATIVE SERVICES MEMORANDUM
May 2, 2012
TO: City Council
FROM: Tim Wellnitz, Assistant City Attorney
SUBJECT: Authorization for the Administration to Deny a Liability Claim from
Gary L. and Mary A. Graves in the Amount of $10,000.00.
On January 26, 2012, a sewer back-up occurred at 3235 Hemmingway Drive.
The residence is owned by Gary L. and Mary A. Graves.
On February 27, 2012, a claim was received from Attorney Scott L. Schroeder on
behalf of Gary L. and Mary A. Graves for property damage in the amount of
$10,000.00.
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 on behalf of Gary L. and Mary A.
Graves in the amount of $10,000.00.
cc: Eric Levitt, City Manager