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Home My WebLink About1995-01-24; City Council; 12992; SETTLEMENT OF PROPERTY CLAIM - UNITED PACIFIC INSURANCE COMPANY, WILLIAM AND LINDA PETERSEN+ CI IW F cARLSBAD - AGENDWILL r' / AB# la, qq 2 DEPT. MTG. 1/24/95 ANI>CITY j PACIFIC INSURANCE COMPANY, WILLIAM TITLE: SETTLEMENT OF PROPERTY CMM - UNITED DEPT. RM CITY 1 LINDA PETERSEN ~~ RECOMMENDED ACTION: It is recomr lended that the City Council authorize settlement of this claim by adopting Resolution 'Vo. CIS- I b and authorize the Risk Manager to make payment of the settlement amount from the liability fund. ITEM EXPLANATION This claim is the result of an automobile accident involving the claimants and a loose water main cover. The recommended settlement includes the cost (supported by documentation) repair the camaged vehicle, and for car rental charges. The executed Property Damage Release is 2 ttached as Exhibit 2. FISCAL IN 'PACT There are s lfficient funds in the liability account to cover the settlement. EXHIBITS 1. Res+ Ilution No. 9 5 - / (p 2. Property Damage Release .. 2, + 0 2 a d 0 z 3 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 v RESOLUTION NO. 9 5 - 1 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AUTHORIZING THE EXPENDITURE OF FUNDS FOR SETTLEMENT OF THE UNITED PACIFIC INSURANCE COMPANY, WILLIAM AND LINDA PETERSEN PROPERTY CLAIM WHEREAS, on recommendation of the City Attorney, the City Counc the Cib of Carlsbad, California has determined that a settlement of the United Pacif , Insuran, 'R Company, William and Linda Petersen property claim is in the public inter and WHEREAS, there are sufficient funds available in the liability self- insurance reserve account to pay the settlement, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Zarlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City Council approves the settlement and authorizes 1 disbursc ment of $10,574.77 from the liability self-insurance reserve account for the U Pacific :.nsurance Company, William and Linda Petersen property claim. 3. That the Property Damage Release is hereby approved. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 W W PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Co mcil of the City of Carlsbad on the 24th day of JANUARY 1995, by the followin ; vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, NOES: None ABSENT: None A?TES’r: ALElT‘ A L. RA r @ m rF:,., r-LyTi ,,.--.. ... . .... ._ .- , ; ! :~~ ' 'I.: ::: ! ! ', \ "* : , ,, ~ ; , . L__ :, if j /+.' ; 1; ,; * PROPERTY DAMAGE RELEASE .. . . . % ...! >".?U be. , ,,. h ' ;b i t;.; i::: id : ?, ., ., : ,I.. , . ~ . , y ; ,: : , . \.,.< I ., ,. . . ., - .. . . ..,: , i . . ,.. .. .../.... ..,,, ,. ~ , ..., .. ,, . KNOW ALL MEN BY THE PRESENTS: That the Undersigned, being of lawful age, for sole COI . of ten thousand five hundred seventv four and 77/100------------ gpllars ($ 10 9 574 - 77 United Pacific Insurance Company, a Reliance Group Hol mgs Company, as to be paid to 3dxq.ee for Wl111~m P~ter-n, 2nd T,indn T*- PQt-PrsPn do/does hereby and for my/ our/ its heirs, executors, adminlstrators, successorsand assigns release, acquit and forever disch: .. the City of Carlsbad, its officers and employees and his, her, their, or its agents, servants, successors, heirs, executors, admlnistrators and all other persons, firms, co associations or partnershipsfor and from any and all claims. actions. came2 of action, demands. riahts. damages. ct&, ]os$ expenses and compensation whatsoever, which the undersigned now haslhave or which may herealter accrue on account way growing out of any and all known and unknown, foreseen and unforeseen property damage and the consequences therc or to result from the occurrence on or about the 5th day of July 19 94ator near 6480 El Camir It is understood and agreed that this settlement is the compromiseof a doubtful and disputed claim, and thatthe payment mad1 construed as an admission of liability on the part of the party or parties hereby released, and that said releasees deny liability 1 :ctcnc "ret? -9 CIOIe ,;*,."*L7-. n.7.j buy their OBRGB. The undersigned further geclare(s) and represent(s) that no promise, inducement or agreement not herein express4 has b( the undeisigned, 2nd that the Re!9zsz ccn!air,s tne entire agreement between the parties hereta. and that the terms of this contractual and not a mere recital. FOR YOUR PROTECTION CALIFORNIA LAW REQUIRES THE FOLLOWING TO APPEAR ON THIS FORM: 556 False or fradulent claim: penalty. (a) It IS unlawful to (1) Knowingly present to or cause to be presented any false or fradulent clalm for me payment of a loss under a contract of insurance. (2) Knowmgly file multiple claims for the same loss or tnlury with more than onemsurer wlth an intern to delraud me Insurer. (3) Knowmgly prepare, make or subscrlbe any wnting. wlth intent to present or use the same, or to allow it to be presented or used In support of any (b) Every person who vlolates any provisions of this sectton is punlshable by imprisonment in the state prison. for two, three. or four years, or by fine no thousand dollars ($10.000). or by both. (c) Notwithstanding any other proviscon of law. probation shall not be granted to, nor shall the executlon or Imposttion of a sentence be suspended for. a more tlmes. The exlstence of any fact which would make a person meligible for probation under thls subdiviaon shall bealleged in the mformatlon or convlcted of a violation of th~s sectlon who has been previously convlcted of violations of thts section asan adult under charges separately brought elther adrnltted by the defendent in open court or found to be true by the jury trylng the issue of guilt or by the court where gullt IS established by plea contendere or by trial by the court slttlng without a jury. Except where the existence of Such fact was not admitted or found to be true or the court finds that a prior conviction was invalid. the court shall not any prior convlctlons alleged in the in/orrnation or indictment. Thls SubdtvISlOn does not prohlblt the adjournment of crlminal proceedings pursuant to divlslon 3 (commenctng wim Section 6ooo) of the Welfarc Code.,(Ammended by Stats 1976. C. 1139. p 5085.87. operative July 1.1977; Stats 1978, c. 174. p. 405.3 urgency. eff. May 31.1978: stab 1979. c .THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY UNDERSTANDS IT. STATUTE OF LIMITATIONS ON YOUR INJURY CLAIM. IF ANY, EXPIRES ON July 5 Section 11583 of the Insurance Code requires that notice be made to you of the following: 1. The statute of limitations for actions expires one year from the date of accident unless the injured party is a minor. In that case, the statute expires one date the minor reaches majority. (Section 340. Code of Civil Procedure). 2. If your claim is under Uninsured Motorist coveri one year from thP date of accident to either (a) file suit for bodily injury against the uninsured motorist or (b) settle your clair 6fbi:;iitiGn. (%C~OTI 1158!?.2, !flSUrZZCP code.) d - Signed. sealed and delivered this 3 r- day of J fi 4 ~4 q CZ Y ---- 7 2/04 P&&$q&$&&~ !, _?. . 4' I' ;' \?.? L? Hjib...j;i.:y '17 ..,,,_ ..<,.;,:.,. ,. " - r:: I ..,., e/.-,:.. '., ;;-:;.- ;. (, . .*,,- !3 I .;. :, , ,.+A ((y (,#:;! \',2 :~ . ._, ,, . , , '?j +,~$, ..::>, : ..-\ \ , I ~. CAUTION: READ BEFORE SlGC b-- -. Wllllam Yetersen J' ?&T/Jj, 2 %A Reliance Insurance Company ,19 - , before me personally appeared to be known to be the person@) named herein and who executed the foregoing Release and acknowledged to me that voluntarily exec My term expires ,19 - * NOTARY PUBLN cw-034