HomeMy WebLinkAbout1991-03-19; City Council; 11069; Settlementi
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MTG. 3/19/91
TITLE: SETTLEMENT OF SUBROGATION CLAIM OF
AUTOMOBILE CLUB OF SOUTHERN
IEPT. RM I CALIFORNIA I CITY MOR..*-
RECOMMENDED ACTION:
Approval of Resolution No. q/-86 authorizing payment of $6,508.39 as settlement in full of
the subrogation claim of the Automobile Club of Southern California.
ITEM EXPLANATION
This subrogation claim arose as the result of a traffic collision which occurred on &, 1989
at the intersection of El Camino Real and Tamarack Avenue.
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According to the Police Report, a marked Carlsbad police vehicle struck and damaged
another vehicle from the rear. The driver of that vehicle, Gertrude Nardella, is involved in
active litigation with the City. That portion of the matter will be handled separately.
The subrogation claim, which is the subject of this agenda bill, was filed by Nardella’s
insurance company. It is a request for reimbursement of the costs incurred in repairing the
damage to her vehicle.
The City Attorney’s Office and the Risk Manager have reviewed the facts and circumstances
surrounding the incident. It is their opinion that the amount being recommended is a fair and
equitable resolution of this matter.
FISCAL IMPACT
The cost of the settlement is $6,508.39. Sufficient funds are available in the General Liability
Self-Insurance Fund to cover the cost of this settlement.
EXHIBITS
1. Resolution No. 9/-86
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RESOLUTION NO. 9 1 - 8 6
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA,
AUTHORIZING THE EXPENDITURE OF FUNDS
FOR THE SETTLEMENT OF THE SUBROGATION
CLAIM OF THE AUTOMOBILE CLUB OF
SOUTHERN CALIFORNIA
WHEREAS, on recommendation of the City Attorney and the Risk Manager, the
City Council of the City of Carlsbad, California has determined that a settlement of the
subrogation claim of the Automobile Club of Southern California is in the public interest;
and
WHEREAS, there are sufficient funds available in the General Liability Self-
Insurance Fund to pay the settlement,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
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2.
That the above recitations are true and correct.
That the City Council approves the settlement and authorizes the
disbursement of $6,508.39 from the General Liability Self-Insurance Fund.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City
ouncil of the City of Carlsbad on the 19th day of March
ite, to wit:
,1991, by the following
AYES: Council Members Lewis, Kulchin, Larson, Nygaard and Stanton
NOES: None
ABSENT None
LETHA L. RAUTENKANZ, City Clek