HomeMy WebLinkAbout2021-08-02 Re_ Westin Desert Willow DOL 03_10_2021 Claim 3010853From:Rice, William
To:Varon, Tim
Cc:Gaugush, Cora
Subject:Re: Westin Desert Willow DOL 03/10/2021 Claim 3010853
Date:Monday, August 2, 2021 1:10:26 PM
Tim,
DIARY REVIEW
Event: These are potential property damage claims that could be submitted for damages that
occurred when a tree at the Desert Willow Golf Resort fell on a parking structure and parked
vehicles at the Westin Desert Willow Villas.
Statute of Limitations: 09/09/2021 for claim filing.
Action plan items from last review and status:
1. The City has confirmed the tree is on Desert Willow Golf Resort property. It
is maintained under the City’s Arboriculture Services Contract. They
report a 3 to 5-year maintenance history for the tree that has had no
prior complaints or losses involving the tree. This same species (Desert
Museum Palo Verde) at other City locations have fallen and are prone to
have included bark. Staff is of the opinion that wind was the primary
factor for tree failure.
Coverage: Confirmed under the MOC.
Liability Review: I view this as a case of possible liability on the part of the City for their failure to
maintain the tree involved in this loss. Wind appear to have caused this loss. Wind speed were
reported as 26 mph with gusts to 39 mph. I note possible immunities afforded under California
Government Code Section 831 – Weather Conditions.
Damages Review – Property Damage: Rebecca Roche: The City has provided a repair estimate in
the amount of $1,962.25 for repairs to the rear of a 2021 Dodge Charger.
Westin Desert Willow Villas: Unknown parking structure damages.
Unknown claimant: Unknown vehicle damages.
Bodily Injury: None
Submitted Medical Bills: None
Considered: N/A
Residuals: N/A
Loss of Earnings Alleged: None
Reserve Review: $1.00 & $1.00 Appears adequate based on current available information and client
protocol.
Updated Action Plan:
1. Await any claim filings.
2. Confirm our liability position within which to reject any prospective claim.
3. I will evaluate for liability and exposure to recommend further handling
and monitor the file for the Statute of Limitations.
Subrogation Referral: N/A
William Rice | Claims Examiner
Carl Warren & Company, LLC | A Venbrook Company
PO Box 2411, Tustin, CA 92781
Office: (657) 622-4319 | Fax: (866) 254-4423
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