#08 Authorize Administration to deny a liability claim from Phyllis Schemehorn
ADMINISTRATIVE SERVICES MEMORANDUM
July 9, 2012
TO: City Council
FROM: Tim Wellnitz, Assistant City Attorney
SUBJECT: Authorization for the Administration to Deny a Liability Claim from
Phyllis Schemehorn in the Amount of $6,000.00.
On May 9, 2012, a sewer back-up occurred at 2807 Blackbridge Road. The
residence is owned by Phyllis Schemehorn.
On May 30, 2012, a claim was received from Phyllis Schemehorn for property
damage in the amount of $6,000.00.
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 Phyllis Schemehorn in the
amount of $6,000.00.
cc: Eric Levitt, City Manager
Jacob J. Winzenz, Director of Administrative Services/Assistant City Manager