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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' 1 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 backup Material