HomeMy WebLinkAbout2022-01-06 Re_ Westin Desert Willow DOL 03_09_2021 Claim 3010853From:Rice, William
To:Varon, Tim
Cc:Cora Gaugush
Subject:Re: Westin Desert Willow DOL 03/09/2021 Claim 3010853
Date:Thursday, January 6, 2022 11:16:25 AM
Tim,
DIARY REVIEW
Event: This is 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 Landscape Supervisor Randy Chavez stated that the City does not want to tender the claim to
their contractor West Coast Arborist, as they were instructed to focus their efforts on the trees, not
the perimeter of the course. This issue has been addressed with Desert Willow Golf Resort, and a
plan is being put in place to prune the trees at the facility in a regular rotation.
Coverage: Confirmed under the MOC.
Liability Review: I still 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. Await any claim filings for vehicle damages.
2. I will evaluate for liability and exposure to recommend further handling and monitor the file
for the Statute of Limitations.
Subrogation Referral: N/
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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