HomeMy WebLinkAbout2021-11-03 Re Margaret Sandy DOL 05272021 claim 3026055.msgTim,
DIARY REVIEW – Rejection Request
Event: This is a property damage claim that was submitted by the claimant for vehicle damages that occurred when a City tree branch fell on to her parked vehicle causing damage.
Statute of Limitations: 05/27/2022
Action plan items from last review and status:
The City has confirmed jurisdiction and active maintenance of the tree involved in this loss. It was maintained under a typical 3-year maintenance history that has had no prior complaints
or losses. It appears to be in good health with no decay or weakness observed. Staff is of the opinion that wind was the primary factor for the tree branch 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 appears to have caused this loss.
Maximum wind speeds were reported at 21 mph. I note possible immunities afforded under California Government Code Section 831 – Weather Conditions.
Damages Review – Property Damage: The claimant has submitted a $7,719.27 repair invoice in support of front bumper, grille, hood, and fender damages done to her 2016 Toyota Tacoma SR5
Access Cab.
Bodily Injury: None
Submitted Medical Bills: None
Considered: N/A
Residuals: N/A
Loss of Earnings Alleged: None
Reserve Review: $6,900.00 Appears adequate based on current available information and client protocol.
Updated Action Plan:
1. I have established our liability position and request rejection of the claim.
2. Await any action by the claimant or her automobile insurance carrier regarding the rejection.
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 <mailto:tvaron@carlwarren.com> my Supervisor about the service you received.
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