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HomeMy WebLinkAbout2021-10-18 Re_ Westin Desert Willow DOL 03_09_2021 Claim 3012853From:Rice, William To:Varon, Tim Cc:Cora Gaugush Subject:Re: Westin Desert Willow DOL 03/09/2021 Claim 3012853 Date:Monday, October 18, 2021 11:41:16 AM Tim, DIARY REVIEW – Rejection Request Event: This is now a property damage claim that was submitted for damages that occurred when a tree at the Desert Willow Golf Resort fell on a parking structure and two parked vehicles at the Westin Desert Willow Villas. Statute of Limitations: Expired 09/09/2021 and has been extended 120 days to 01/09/2022 by the Governor for claim filings on the vehicles. It expires 03/09/2022 for Westin Desert Willow Villas parking structure. Action plan items from last review and status: The Department reports that the tree is on Desert Willow property and is maintained under the City’s Arboriculture Services contract. They note that a reasonable maintenance schedule is prune approximately every 3-5 years. Staff believes that wind was the primary factor for tree failure. No defects noted for the tree. No repairs to sidewalk made in the past. No record of root pruning. No complaints documented. Desert Museum trees have fallen in the past at other City maintained locations. This species of tree is prone to have included bark. The tree was recently inventoried in 2019 and no defects or concerns were noted. Coverage: Confirmed under the MOC. Liability Review: I view this as a case of doubtful liability on the part of the City for their failure to maintain the tree involved in this loss. Staff is of the opinion that wind was the primary factor for tree failure. 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. The City can show 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. Damages Review – Property Damage: Westin Desert Willow Villas: The claimant has submitted a $6,950.00 invoice for repairing the parking structure damages. Painting was not included in the invoice. It was estimated at $2,550.00 per prior estimate. Total damages are $9,500.00. 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. 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: $9,500.00, $1.00 & $1.00 Appears adequate based on current available information and client protocol. Updated Action Plan: 1. I request authority to reject the claim to Westin Desert Willow Villas. 2. Await any claim filings for vehicle damages. 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 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This e-mail (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this e-mail in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, e-mail, or facsimile until confirmed in writing by an authorized representative of this office. We accept no liability for any damage caused by any virus transmitted by this e-mail. It is your responsibility to check this e-mail (including any attachments) for viruses.