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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