HomeMy WebLinkAbout04.f. DENY CLAIM FROM TRAVELERS INSURANCE FOR REPAIR COSTS TOCentral Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: JANUARY 7; 2010 No.: 4 . f . Consent Calendar
Type of Action: DENY CLAIM FROM TRAVELERS INSURANCE
Subject: DENY CLAIM FROM TRAVELERS INSURANCE FOR REPAIR COSTS TO
THEIR INSURED'S VEHICLE.
Submitted By: Initiating Dept./Div.:
Shari Deutsch, Safety & Risk Administrative/Safety & Risk Management
Management Administrator
/ REVIEWED AND RECOMMENDED FOR BOARD ACTION:
(~} ~v`~
S. Deutsch R. Mus rav s James .Kelly,
Gener Manager
ISSUE: The District has received a claim for the amount paid by Travelers to repair
their insured's vehicle. The insured, Sue Olsen, claims the damage to her vehicle
resulted from driving over a partially uncovered manhole in Orinda on July 27, 2009.
RECOMMENDATION: Deny the claim.
FINANCIAL IMPACTS: Denying the claim has no fiscal impact.
ALTERNATIVES/CONSIDERATIONS: The alternative is to accept the claim and pay
Travelers $8,908.98.
BACKGROUND:
Ms. Sue Olsen filed a claim with her auto insurer, Travelers, to repair damage to her
vehicle. She reported that the damage was caused when she drove over a partially
uncovered manhole on Moraga Way, Orinda on July 27, 2009. An adjuster from
Travelers called Safety & Risk Management on October 20, 2009 to advise their intent
to subrogate against the District for the repair costs. While awaiting the subrogation
demand, staff investigated the allegation and learned that no District crews or
contractors were performing work in the area and that there were no reports of loose or
partially uncovered manholes in the area in the two weeks surrouriding the date of the
incident.
On December 14, 2009 the District received a formal claim from Travelers for repair
costs totaling $8,908.98 arising out of damages incurred on Moraga Way.
RECOMMENDED BOARD ACTION: Deny the claim.