HomeMy WebLinkAbout2023-04-18; City Council; ; Conference with Legal Counsel Regarding Significant Exposure to LitigationApril 18, 2023 Item #1 Page 1 of 5
~ CITY COUNCIL
~ Staff Report
Meeting Date:
To:
From:
Staff Contact:
April 18, 2023
Mayor and City Council
Cindie K. McMahon, City Attorney
Ed Garbo, Risk Manager
CA Review ~\lH
Subject Conference with Legal Counsel Regarding Significant Exposure to Litigation
Recommended Action
That the City Council, by motion, authorize a closed session to discuss significant exposure to
litigation based on existing facts and circumstances regarding receipt of a claim against the city
of Carlsbad, pursuant to Government Code sections 54956.9(d)(2) and (e)(3).
Claimant: Liberty Mutual Insurance
Exhibits:
1. Claims from Liberty Mutual Insurance dated 9/8/2022 and 12/7/2022.
Exhibit 1
April 18, 2023 Item #1 Page 2 of 5
Uberiy Insurance Corporation
P.O. Box 5014
Scranton PA 18505"5014
~ CONTACTUS
Mikayla.Notaro@Safeco.com
Direct: (508) 621~3977
T'OII-Free: (800) 225-2467
Ext: 25957
Fax: (888) 268-8840
City of Carlsbad
1200 Carlsbad Village Dr
Carlsbad, CA 92008s1949
us
Liberty Insurance Corporation
P.O., Box 5014
Scranton PA 18505--5014
United States
September 8, 2022
Date of !ncident: 04/22/2022
Claim Number:
Insured: RENEE R. WATSON TRUST
Loss Location:: CARLSBAD, GA 92010-2148
AmountWe Paid:
Our lnsure~l's Deductible;
Total Subrogation Amount Due:
Dear City of Carlsbad,
$32,340.75
$0.00
$32,340.75
LibertyMutual.com
I'm Writing with important inforrnat1011about claim number . Please b.e advised that as a
result ofthis loss, Liberty Mutual has paid damages. to our insured RENEE WATSON under their
homeowner's coverage.
Right of Recovery
Subrogation involv(;)s our right to recover from a negligent party the money we paid on our insured's
behalf for property damage and related expenses. Our customer may also have incurred additional
expenses that weren't covered by their policy and may pursue you directly for that amount.
Notice of Liability
Our initial review show.s that you may have contributed to this loss. As a result we are placing you on
notice for reimbursement of damages paid under our insured's policy.
This Jetter is official notice of ow claim against you Ior these expenses,
Please Nole: Any payments you may have madl:l to our Insured will notmlieve your responsibility to
reimburse us.
SUB1.35 Subro Third Party Demand Page 1 of 2
April 18, 2023 Item #1 Page 3 of 5
~ Libe!:!x Mutual. ~ INSURANCE
llYou Were Insured
If you had insurance at the time of this loss, we ask that you take these steps:
Promptly inform your insurance carrier of this notification. . Please let us know_ once you contactyour carrier: We will then communicate directly with
them.
If You Were Not Insured
We would be happy to work with you in establishing a convenient payment plan with .one ofour
subrogation partners.
Please include our claim number on your chec!dorthe total amount of damages sriown above.
We're Here to Help
Pl.ease forward payment to:
Liberty Mutual .
Attn: Claims Financial Operations
PO Box2B25
New York, NY 10116-2825
If you have any questions, please contact me di redly and l'.ll be happy to help. I can assist you more
quickly if you reference the claim number■■■-in all communications.
Sincerely,
MIKAYLA NOTARO
Claims Department
SUB135 Subro Third Party Demand Page 2 of2
April 18, 2023 Item #1 Page 4 of 5
Liberty Insurance Corporation
P.O. Box 5014
Scranton PA 18505-5014
City ofCarlsbad
1200 Carlsbad Village Or
Carlsbad, GA 920.08-1949
us
December 7, 202-2
Date of lncidEJnt:
Claim NL1mber:
Insured:
04/22/2022
~ISON TRUST
Loss Loca:tlon: CARLSBAD, CA 92010-2148
Amount We Paid:
Ourlnsured's Deductible:
Total Subrogation Amount Due:
Dear City ofOar/sbad,
$69,003.75
$0.00
$69;003.75
~ Liber!,y Mutual. u;,· INSURANCE
~••··• CONTACT US
Mikayla.Notaro@Safeco.com
Direct: (508) 621~3977
Toil-Free: (800) 225-2467
Ext: 25951
Fax:. (888) 268.,8840
Liberty lnsuranc~ Corporation
P.O. BoxS014
Scranton PA 18505-5014
United States
LibertyMutui:11.com
I'm writing With important information aboutclaim number . Please be advised that as a
result of this loss, Liberty Mutual has paid clamages to qur insured . RENEE WATSON TRUST under
their homeowners coverage. .
Right of Recovery
Subrogation involves, our right to recover from a neg ligent party the money we paid on our insured's
behalf for _property damage and rEJlated expenses. Our customermay also have incurred additional
expenses that weren't covered by their policy and may pursue you directly for that amount.
Notice of Liability
Our initial review shows that you may have contributed to this loss. As a result, we are placing you ori
notice for reimbursement of damages paid under our insuted's policy.
This letter is official notice of our claim against yoiifor these expenses.
Please Note: Any payments you may· have made to ,our Insured will not relieve your responsibility to
reiinburse us,
SUB135Subro Third Party Demand Page 1 ofZ
April 18, 2023 Item #1 Page 5 of 5
~Iiber!}: Mutual.
~· INS URANCE
If You Were .. Insured
If you had :insurance at the time of this loss, we ask that you take these steps:
• Promptly inform your insurance carrier of this notification .
• Please let us know once you contact your carrier. Wewlll then communicate directly With
the.m.
If You Were Not Insured
We would be happy to work with you in .establishing a convenient payment pfan with one of Our
subrogation partners.
Please include our claim number on your check forthe total amount of damages shown alslove.
We're Here to Help
Please forward payment to:
Liberty Mutual
Attn: Claims Financial Operations
PO Box2825
New York, NY 10116-2825
If you have any questions, pltiase contact me directly and I'll be happy to help. I can assist you more
quickly ifyou_reference the claim number inall communications ..
Sincerely,
MIKAYLANOTARO
Claims Department
.SUB135 Subro Third Party Demand-Page 2 of 2