HomeMy WebLinkAbout1996-09-10; City Council; 13792; SETTLEMENT OF CLAIM- FARMERS INSURANCE GROUPWY OF CARLSBAD - AGYDA BILL I
c 4 TITLE; AB # ’3,375L SETTLEMENT OF CLAIM - FARMERS INSURANCE DEPT MTG, ~~/O--~~~ GROUP
RECOMMENDED ACTION:
CITY DEPT. RM
CITY
It is recommended that the City Council authorize settlement of this claim by adopting resolution No.
Cg L. - 29 3 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 claimant’s insured and a City employa
The recommended settlement includes the value of the insured’s vehicle and car rental expenses. The
executed Release of All Claims is attached as Exhibit 2.
FISCAL IMPACT
?%ere are sufficient funds in the liability account to cover the settlement.
EXHIBITS
a. Resolution No. - 9h -a93
2. Release of All Claims
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RESOLUTION NO. 9 6 - 2 9 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA AUTHORIZING THE
FARMERS INSURANCE GROUP CLAIM
EXPENDITURE OF FUNDS FOR SE'ITLEMENT OF THE
WHEREAS, on recommendation ofthe City Attorney the City Council of the Cit
Carlsbad, California has determined that a settlement of the Farmers Insurance Group property (
is in the public interest; and
WHEREAS, there are sufficient funds available in the liability self-insurance rese
account to pay the settlement,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the City Council approves the settlement and authorizes the disburseme]
$7,360.43 from the liability self-insurance reserve account for the Farmers Insurance Group.
3. That the Property Damage Release is hereby approved.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Cow
of the City of Carlsbad on the loth day of sept9996, by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, and Hall
NOES: None
ABSENT: Council
ATTEST:
e 9- :;seE!lT I RELEASE OF ALL CLAIMS ii -1 JAt AUG 13 1% KNOW ALL MEN BY THESE PRESENTS:
That the Undersigned, being of la G‘T& a&&8 (SK MANAGEh of seven. thousand three hundred sixty and 43/100------ Dollars ($7,360 43
to be paid to Farmers Insurance Group
do/does hereby and for my/our/its heirs, executors, administrators, successors and assigns release, acq
forever discharge the City of Carlsbad, its officers, employees and volunteers
and his, her, their, or its agents, servants, successors, heirs, executors, administrators and all other persons
corporations, associations or partnerships of and from any and all claims, actions, causes of action, demands,
damages, costs, loss of service, expenses and compensation whatsoever, which the undersigned now has/t
which may hereafter accrue on account of or in any way growing out of any and all known and unknown, forese
unforeseen bodily and personal injuries and property damage’and theconsequences thereof resuiting orto res1
the accident, casualty or event which occurred on or abut the 27th day of April 1
at or near El Camino Real and Arena1 Road
It is understood and agreed that this settlement is the compromise of a doubtful and disputed claim, and tl
payment made is not to be construed as an admission of liability on the.part of the party or parties hereby re11 and that said releasees deny liability therefor and intend merely to avoid litidation and buy their peace.
It is further understood and agreed that all rights under Section 1542 of the Civil Code of.California and any law of any state or territory of the United States are hereby expressly waived. Said siction reads as follows
“1 542. Certain claims not aff ked by general release. A general release does not extend to claims which the c
does not know or suspect to exist in his favor at the time of executing the release, which if known by him mu:
materially affected his settlement with the debtor.”
The undersigned hereby declare(s) and represent(s) that the injuries sustained are or may be permane progressive and that recovery therefrom is uncertain and indefinite and in making this Release it is understol
agreed, that the undersigned rely(ies) wholly upon the undersigned‘s judgement, belief and knowledge of the I
extent, effect, and duration of said injuries and liability therefor and is made without reliance upon any stater
representation of the party or parties hereby released or their representatives or by any physician or surgeon b
employed.
The undersigned further declare(s) and represent(s) that no promise, inducement or agreement not herein expi
has been made to the undersigned, and that this Release contains the entire agreement between the parties t
and ihai iile ierms oi inis Fieiease are coniraciuai ana not a mere reciiai.
I hereby represent that at the time I sign this Release I am not hospitalized in a medical facility nor was I adml a medical facility within the past 15 days.
THE UNDERSIGNED HAS READ THE ABOVE AND FULLY UNDERSTAN IT TO BE A FULL AND FINAL RELEASE OF ALL (
Signed, sealed and delivered this /g day of &d$d/& ,I9 76.
CAUTION: READ BOTH SIDES BEFORE S,
Witness to slgnature
Address of wlmess
Witness to slgnature
Address of witness
CW-010 TURN OVER