HomeMy WebLinkAbout2021-03-10 Re Damage caused by Fallen TreeGood Afternoon Martin,
I would like to see the current agreement with Kemper Sports, can you please send me it? My initial thoughts are that if they’re responsible for all aspects of managing the golf resort,
including landscape maintenance, our insurer may subrogate any property claim filed by Westin back to them. California follows a modified version of joint and several liability, which
means multiple parties may be jointly responsible for the entire amount of economic damages, but are separately (severally) responsible for non-economic damages in proportion to fault.
Basically, we are all potential defendants, but that’s when the indemnification is triggered under our agreement with Kemper Sports. I’ll also follow-up with the California Joint Powers
Insurance Authority.
Thanks!
Stephen
On Mar 10, 2021, at 1:38 PM, Derek White <dwhite@desertwillow.com> wrote:
Hi Todd and team,
I was alerted by Westin Desert Willow’s security team yesterday March 9, 2021 that a Desert Willow tree located on the 14th tee of Mountain View had fallen due to wind and caused
some damage to a Westin covered parking area. I’ve attached some photos from various angles of the tree and damage. Since it was late in the day, Westin staff requested their landscaping
company to clean up the area and make it safe for guests again. I’m still awaiting their incident report, photos and any damage estimates they may have. As soon as I get them, I will
forward them along. I’m hoping to have Westin’s information by the end of the week.
I believe the damage will fall under the City’s property insurance if a claim is needed.
Please let me know how you’d like to proceed and any additional information you’d like me to track down.
Thanks!
Derek White
General Manager
Desert Willow Golf Resort | 38995 Desert Willow Dr.
Palm Desert, CA 92260 | M: 760.275.0582 | F: 760.346.7444
dwhite@desertwillow.com
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