HomeMy WebLinkAboutR-2019-047 1st Quarter 2019 Claim ReportRESOLUTION NO. R-2019-047
A RESOLUTION accepting and approving the 1st Quarter 2019 Claim Report for the City of
Yakima
WHEREAS, the City of Yakima previously was self insured as to most claims, and
WHEREAS, the City of Yakima is currently a member of the Cities Insurance Association
of Washington ("CIAW") for most claims, and joined CIAW effective December 14, 2005, with a
$99,000 deductible for insurance policies from September 1, 2010 to September 1, 2012, and a
$100,000 deductible on policies from September 1, 2012 to the present; and
WHEREAS, the Transit Division is in the Washington State Transit Insurance Pool
("WSTIP") for Transit claims, effective September 1, 2005, with liability coverage which is not
subject to a deductible amount; and
WHEREAS, pursuant to an annual Resolution that has been adopted by the City Council,
the City Manager is authorized to settle claims against or by the City in an amount of $50,000 or
less, and
WHEREAS, the attached CIAW Claim Report contains information on and the disposition
of the various claims submitted to the City of Yakima with the amount on the CIAW report that
was paid by the City of Yakima toward the settlement which was within the City's $100,000
insurance deductible, and does not include the insurance company's contribution to the
settlement, if any; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The attached 1st Quarter 2019 Claim Report, together with payments and disbursements
listed therein, is hereby accepted, approved, and ratified.
ADOPTED BY THE CITY COUNCIL this 7th day of May, 2019.
ATTEST
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CITY F YAKIMA
st 1 uarter Claim Re rt
2019
IAW CLAIMS SUMMA
Y TYPE OF CL � IM
01/01/2019 TI 13/31/211
6
City of Yakima
CIAW Closed Claims Summary by Type of Claim
First Quarter 2019
January 1, 2018 through March 31, 2019
Auto Bodily Injury (ABI)
Total Number of Claims: 1
Total Dollars Paid: $7,500.00
Automobile Liability - Property Damage (ALPD)
Total Number of Claims: 1
Total Dollars Paid: $250.00
Employment Practices Liability (EPL)
Total Number of Claims: 0
Total Dollars Paid: $0.00
General Liability - Bodily Injury (GLBI)
Total Number of Claims: 2
Total Dollars Paid: $45,000.00
General Liability - Property Damage (GLPD)
Total Number of Claims: 8
Total Dollars Paid: $2,668.10
Law Enforcement (LE)
Total Number of Claims: 4
Total Dollars Paid: $60.00
Wrongful Acts (WA)
Total Number of Claims: 0
Total Dollars Paid: $0.00
TOTAL NUMBER OF CLAIMS: 16
TOTAL DOLLARS PAID: $55,478.10
6
City of Yakima
CIAW Closed Claims Summary by Type of Claim
First Quarter 2019
January 1, 2018 through March 31, 2019
Auto Bodily Injury (ABI)
Total Number of Claims: 1
Total Dollars Paid: $7,500.00
Automobile Liability - Property Damage (ALPD)
Total Number of Claims: 1
Total Dollars Paid: $250.00
Employment Practices Liability (EPL)
Total Number of Claims: 0
Total Dollars Paid: $0.00
General Liability - Bodily Injury (GLBI)
Total Number of Claims: 2
Total Dollars Paid: $45,000.00
General Liability - Property Damage (GLPD)
Total Number of Claims: 8
Total Dollars Paid: $2,668.10
Law Enforcement (LE)
Total Number of Claims: 4
Total Dollars Paid: $60.00
Wrongful Acts (WA)
Total Number of Claims: 0
Total Dollars Paid: $0.00
TOTAL NUMBER OF CLAIMS: 16
TOTAL DOLLARS PAID: $55,478.10
W CLAIMS SUMM
Y DE TMEN�
/11/2019 T 03/31/2
8
City of Yakima
CIAW Closed Claims Summary by Department
First Quarter 2019
January 1, 2019 through March 31, 2019
Department/Division
Closed Total Paid
Animal Control Division 0 $0.00
Codes Division 0 $0.00
Community Development Department 0 $0.00
Engineering Division 0 $0.00
Finance Department 0 $0.00
Fire Department 0 $0.00
Other 0 $0.00
Parks and Recreation Division 1 $0.00
Planning Division 0 $0.00
Police Department 5 $7,560.00
Public Works Department 0 $0.00
Refuse Division 0 $0.00
Streets Division 6 $45,939.17
Wastewater Division 2 $1,968.93
Water/Irrigation Division 1 $10.00
Utility Services Division 1 $0.00
TOTAL: 16 $55,478.10
CIAWCLISEI C
I1/O1/2019T1 0/
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City of Yakima Closed Loss Run 1/1/2019 to 3/31/2019 as of 4/1/2019
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Yakima Parks & Recrea ion
Division
LCYPark2017046902
12/26/2017
12/22/2017
12/18/2017
GLBI
Rousculp, Joshua
Claimant slipped and fell
on court
C
..
3/25/2019
Boruff
,
$0.00
1
Sum:
$0.00
Yakima Police Department
LCYPD2014040065
LCYPD2015045763B
5/1/2014
5/16/2017
5/1/2014
5/15/2017
1/4/2014
11/30/2015
LE Estate of Rocendo Claimant shot by insured
Arias
ABI Thielen, Skyler
Insured vehicle hit
claimant's vehicle
3/25/2019 Fletcher
1/29/2019
Schafer
$0.00
$7,500.00
LCYPD2016045806
5/19/2017
5/19/2017
9/1/2016
LE Dulaney, Connie
Discrimination issue
1/22/2019
Schafer
$0.00
LCYPD2018048567
11/2/2018
11/1/2018
3/9/2018
LE Nevarez, Connie
Claimant taken against
her will
1/28/2019
Schafer
$0.00
LCYPD2019048952
1/16/2019
1/2/2019
1/2/2019
LE Vanzant, Melinda
Claimant's property lost
3/25/2019
McWilliams
$60.00
Yakima Streets Division
5
LCYStree2015041726A
LCYStree2015041726B
LCYStree2016048908
4/13/2015 4/13/2015 2/5/2015 GLBI Simpson, Shirlene Claimant alleged vehicle
4/13/2015
1/9/2019
2/5/2015 2/5/2015 GLPD Simpson, Shirlene
1/9/2019 8/1/2016 GLPD Neveu, Cheri
struck storm drain
Claimant alleged vehicle
struck storm drain
Water damage
Sum:
$7,560.00
1/3/2019 Schafer
C 1/3/2019
2/26/2019
Schafer
Whetstone
$45,000.00
$0.00
$0.00
LCYStree2018048839
12/26/2018
12/21/2018 11/28/2018 GLPD Meadowbrook
Estates
Tree branch fell on roof
2/12/2019
Whetstone
$0.00
LCYStree2018048861
1/2/2019
1/2/2019 12/4/2018 GLPD Silvernail, Ka hleen
Claimant hit a pothole
2/7/2019
Owens
$825.56
LCYStree2019049178
2/20/2019
2/20/2019 2/14/2019 GLPD Flores, Juan
Claimant hit pothole
3/11/2019
Owens
$113.61
6
Sum:
$45,939.17
Yakima Wastewater Division
LCYWaste2018048085
5/15/2018 5/15/2018 5/15/2018 ALPD Jang, Eun Seog
Insured hit claimant's
building
2/28/2019 Owens
LCYWaste2019048961
1/18/2019
1/17/2019
1/9/2019
GLPD
Gazca, Roberto
Sewer backup
3/26/2019
Whetstone
2
Sum:
Yakima Water & Irrigation
Division
LCYWater2018048615
11/9/2018 8/9/2018 8/9/2018 GLPD Harmia, Julie
Water damage
2/21/2019 Whetstone
$250.00
$1,718.93
$1,968.93
$0.00
LCYWater2019048921
1/11/2019
1/11/2019
1/10/2019
GLPD
Asian, Leticia
Dirty water splashed car
2/20/2019
McWilliams
$10.00
2
16
1 Sum:
$10.00
Grand Total:
$55,478.10
�STIP CLOSED CLA
O1/01/2019 TO 03/31/2
Yakima Transit Closed Claims — 01/01/2019 — 03/31/2019
Claim/Event
Number
Event Date
Date of
Claim
Claimant
Dept.
Location
Type
Status
Description
Date Closed
Total Paid
to Claimant
by WSTIP
Outcome
19-017050
01/09/2019
01 /11 /2019
Raul Blanco
28FR
S. 4th Ave. and Walnut
ALPD
C
Vehicle damage. Vehicle
collision between bus and
claimant's truck.
03/11/2019
$13,887.46
Settled
19-017050-2
01/09/2019
01/15/2019
Martin Lovins
28FR
S. 4th Ave. and Walnut
ALPD
C
Vehicle damage. Vehicle
collision ,between bus and
claimants truck causing truck
to hit parked vehicle.
03/11/2019
$1,626.00
Settled
18-017032-1
12/27/2018
01/17/2019
Mohammad
Musbeh
28PT
704 N. 5th Ave
ALPD
C
Vehicle damage. Paratransit
driver hit parked vehicle.
02/27/2019
$2,701.01
Settled
The City of Yakima WSTIP Transit Insurance has a $0 deductible on its WSTIP insurance, so the amounts paid on the Transit Closed Claims report were paid by WSTIP, not the City.
Yakima Paratransit claims (with "PT" in Dept. column) after January 1, 2012, involve the current contractor for ADA paratransit services, Medstar, LLC.
Prior to January 1, 2012, the contractor for paratransit service was A-1 Tri-City Taxi, Inc.
w
1
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 6.C.
For Meeting of: May 7, 2019
Resolution accepting and approving 1st Quarter 2019 Claim
Report
Helen Harvey, Senior Assistant City Attorney
Steve Groom, Director of Finance & Budget
SUMMARY EXPLANATION:
The purpose of this report is to provide information on claims that were closed during the 1st
Quarter 2019. All claims listed in this report were resolved and settled pursuant to the City
Council's prior annual Resolution authorizing the City Manager to settle claims against or by the
City in an amount of $50,000 or less, and Resolution No. R-2018-125 was adopted on
November 6, 2018. All payment amounts listed on the CIAW report show the amount paid by the
City of Yakima toward the settlement within the City's $100,000 insurance deductible.
The City Council previously authorized settlement on one closed claim in the report by prior
Resolution. In the case of Lorena Arias, Special Administrator for the Estate of Rocendo Arias
v. Casey Gillette, Yakima Police Chief Dominic Rizzi, City of Yakima Police Department, and
the City of Yakima, U.S. District Court for the Eastern District of Washington Case No. CV-16-
3213-SAB, the City Council adopted Resolution No. R-2018-003 on January 2, 2018, which
authorized settlement of the case for $500,000, which entire amount was paid by CIAW and
reinsurer Munich Reinsurance to settle all claims in the lawsuit that was filed November 22, 2016.
The City paid no money toward the settlement since it had reached its deductible of $100,000.
The report includes information for the first quarter 2019: (1) CIAW claim summary by type of
claim; (2) CIAW claim summary by department; (3) CIAW closed claims for the 1st Quarter
2019; and (4) WSTI P closed claims for the 1st Quarter 2019. Adopting the attached claims
resolution affirms and ratifies the payments made by the City of Yakima on claims closed during
the 1st Quarter of 2019 as listed in the reports.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Trust and Accountability
2
APPROVED FOR City Manager
SUBMITTAL:
STAFF RECOMMENDATION:
Adopt resolution
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date
D Resolution 412512019
D 1st Quarter 2019 Glutted Cairns 4i2612019
Type
Resolution
Backup Material