HomeMy WebLinkAboutR-2021-056 Settlement Agreement with Jack Curtsinger; CIAW and Munich ReinsuranceA RESOLUTION
RESOLUTION NO. R-2021-056
approving the conditional settlement agreement entered into by Cities
Insurance Association of Washington ("CIAW") and Munich Reinsurance to
resolve and settle the uninsured motorist claim brought by Jack Curtsinger
("claimant").
WHEREAS, on July 4, 2017, claimant, then employed as an officer of the Yakima Police
Department, was injured by an uninsured motorist; and
WHEREAS, on January 17, 2018, an attorney on behalf of claimant asserted claimant's
intent to pursue a claim under the City of Yakima's uninsured motorist insurance coverage, which
was then covered through CIAW and Munich Reinsurance; and
WHEREAS, through a mediation, a settlement in the amount of $650,000 was reached
between CIAW and Munich Reinsurance and claimant to resolve and conclude all claims in the
matter; and
WHEREAS, in the CR 2A Memorandum of Settlement Agreement, claimant agreed to
execute a Release and Hold Harmless agreement upon approval of the proposed settlement by
the Yakima City Council; and
WHEREAS, the entire amount of the settlement is to be paid by CIAW and Munich
Reinsurance, and the City of Yakima is paying no money toward settlement of the case; and
WHEREAS, the City Council of the City of Yakima deems it to be in the interest of the City
to approve the settlement entered into by CIAW and claimant to resolve and, conclude the
uninsured motorist claim, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City of Yakima approves the settlement entered into by CIAW and Munich
Reinsurance to resolve and settle the claim brought by Jack Curtsinger, which will be paid by
CIAW and Munich Reinsurance, The City Manager and/or the City's legal counsel are hereby
authorized to execute all documents necessary to conclude settlement as consistent with this
Resolution.
ADOPTED BY THE CITY COUNCIL this 4th day of May, 2021.
Patricia Byer , Mayor
Sonya CIaakTe, City Cler
MEMORANDUM OF SETTLEMENT
Case: Curtsinger v. City of Yakima
Curtsinger (Claimant) and City of Yakima (Respondent) agree to settle this litigation on the
following bases:
1. Respondent will pay Claimant $650,000.00 USD (gross) in full settlement of any claims
against Respondent; in addition, Respondent shall pay Claimant's cost of mediation.
2. Claimant will execute a release and hold harmless agreement in favor of Respondent
as to all claims and specifically satisfy any subrogated liens or claims.
3. The parties will work together to formalize this Agreement with appropriate
documentation.
4. The settlement is specifically contingent upon the City Council of the City of Yakima
approving the settlement.
5. A copy of this memorandum may be introduced into evidence in any proceeding to
enforce this settlement as a CR 2A document.
Signed this 14th day of April, 2021.
CIa ant Ja k.Curtsinger Couns for Curtsinger
Tax ID No. 83-2661364
Counsel for City of Yakima
CITY CONTRACT NOW-I —.2 `e)
RESOLUTION NO:1Z ,C?;1 - OS (Y'
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 4.F.
For Meeting of: May 4, 2021
ITEM TITLE: Resolution authorizing a settlement agreement by Cities Insurance
Association of Washington ("CIAW") and Munich Reinsurance to
resolve and settle the uninsured motorist claim brought by Jack
Curtsinger
SUBMITTED BY: Ryan Bleek, Assistant City Attorney
SUMMARY EXPLANATION:
This matter is on for consideration of a Resolution approving settlement entered into by CIAW
and Munich Reinsurance to resolve and settle a claim related to injuries Jack Curtsinger
sustained in an incident involving an uninsured motorist. The claim was settled through mediation,
during which CIAW and Munich Reinsurance accepted a settlement proposal in the amount of
$650,000, subject to the approval of the Yakima City Council at a City Council business meeting.
A copy of the Memorandum of Settlement Agreement is attached. The parties, having conducted
the mediation virtually, agreed to be bound by the Settlement Agreement via email, which is why
the Agreement appears unsigned. The amount of the settlement is $650,000, which is to be paid
by CIAW and Munich Reinsurance. The City of Yakima has no deductible for this claim and is
paying no money toward settlement of the case.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Trust and Accountability
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt resolution
ATTACHMENTS:
Description
Resolution -settlement Agr
O Memorandum of settlement -
ent-urtsin oer
singe
Upload Date
4/20/2021
4/20/2021
Type
Resolution
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