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Home My WebLink AboutR-2021-152 Resolution authorizing a settlement agreement by Cities Insurance Association of Washington (CIAW) and Munich Reinsurance to resolve and settle the claim brought by Marie BossertA RESOLUTION RESOLUTION NO. R-2021-152 approving the conditional settlement agreement entered into by Cities Insurance Association of Washington ("CIAW") and Munich Reinsurance to settle the claim brought against the City of Yakima by Marie Bossert WHEREAS, on August 17, 2018, a lawsuit was filed in Yakima County Superior Court Case No. 18-2-02874-39 entitled Marie Bossert v. City of Yakima; and WHEREAS, through a mediation, settlement with plaintiff Marie Bossert in the amount of $400,000 was reached between CIAW and Munich Reinsurance to resolve and conclude plaintiff's claim in the matter; and WHEREAS, plaintiff agreed to execute a Release agreement upon approval of the proposed settlement by the Yakima City Council; and WHEREAS, the entire amount of the City of Yakima's portion 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 plaintiff's claims; and WHEREAS, the City Council of the City of Yakima deems it to be in the interest of the City to authorize the City Manager to consent to a settlement entered into by CIAW and the plaintiff to resolve and conclude plaintiff's claims, 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 claims brought by the above -named plaintiff, 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 16th day of November, 2021. atriciagyers Mayor ATTEST: So y laar Te , City Clerk SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS This Settlement Agreement and Release of All Claims ("Agreement") sets forth the terms of settlement reached between MARIE BOSSERT ("Plaintiff') and THE CITY OF YAKIMA ("Defendant"), This Agreement is intended to be a full and final resolution of all claims and disputes between .Plaintiff and Defendant arising out of the circumstances included in and related to Plaintiff's case in the Yakima County Superior Court against Defendants, No. 18-2-02874-39. 1. Defendant agrees to settle this matter with Plaintiff for the total sum of four hundred thousand dollars ($400,000 USD) to be paid to Seattle Employment Law Group, within 10 business days. 2. Plaintiff' accepts the above consideration and hereby forever releases, acquits, and discharges Defendant; its insurers, its third -party administrators; its heirs, executors, administrators, agents, employees, and assigns; and all other persons, firms or corporations liable or who might be claimed. to be liable, none of whom admit any liability to the undersigned but all expressly deny any liability, from any and all claims, demands, damages, actions, causes of action or suits of any kind or nature whatsoever, and particularly on account of all injuries and damages, known and unknown, both to person and property, which have resulted or may in the future develop from the events occurring between 1987 and 2018, during the time Plaintiff was employed by Defendant, and all other alleged' relevant dates, in Yakima County, Washington, and which are the subject of a lawsuit commenced in the Yakima County Superior Court, as Cause No. 18-2- °2874-39. 3. Plaintiff further agrees to hold harmless and indemnify Defend,ant; its insurers; its third -party administrators; its heirs, executors, administrators, agents, employees, and assigns; and all other persons, firms or corporations liable or who might be claimed to be liable, from any and all claims asserted by any third parties or lien holders, including, but not limited to Medicare covered expenses, all worker's compensation liens, claims arising under RCW 60.44 and RCW 74,09, any medical liens, the State of Washington, any other insurance carriers, or any other applicable lien and/or subrogation claims asserted by any third party or entity which may arise out of the incident described above as to or against the proceeds of this settlement. 4. Plaintiff, upon advice of counsel, and in accord with this release, agrees that any and all applicable medical and other liens related to this litigation are to be settled, compromised, or paid out of the settlement proceeds, that Medicare and any other liens related to this litigation are to be settled, compromised, or paid out of the settlement proceeds, and that Medicare and any other lien claims are the sole responsibility of Plaintiff, with nothing further to be sought from Defendant. In the event that this information is false or in any way incorrect, Plaintiff expressly warrants and agrees that said liens will be her sole responsibility and will be compromised or paid .from these settlement proceeds with nothing further to be sought from Defendant. 5. It is understood and agreed that this Settlement is the compromise of disputed claims, and that the payment is not to be construed as an admission of liability on the part of Defendant or its insurers, administrators, agents, attorneys, or employees, by whom liability is expressly denied, SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS - 1 6. The undersigned hereby declares that the terms of this Agreement have been completely read and are fully understood and voluntarily accepted for the purpose of making a full and final compromise, adjustrnent, and settlement of any and all claims, disputed or otherwise, on account of the injuries and damages mentioned above, and for the express purpose of precluding forever any further or additional claims arising out of the albresaid 'accident. Documents executed, scanned and transmitted electronically and electronic signatures shall be deemed original signatures for purposes of this Agreement and all matters related thereto, with such scanned and electronic signatures having the same legal effect as original signatures. This Agreement is effective this of NOVe_...0fIbtr___,,,,, 2021. Signed Signed Marie Bossert Bob Harrison, City Manager, City of Yakima CITY CONTRACT NO: RESOLUTION NO: 41( Date Date SETTLEMENT AGREEMENT AND RELEASE 01 ALL CLAIMS - 2 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEM ENT Item No. 4.L. For Meeting of: November 16, 2021 ITEM TITLE: Resolution authorizing a settlement agreement by Cities Insurance Association of Washington ("CIAW") and Munich Reinsurance to resolve and settle the claim brought by Marie Bossert SUBMITTED BY: Ryan Bleek, Senior Assistant City Attorney SUMMARY EXPLANATION: This matter is on for consideration of a Resolution consenting to a settlement entered into by CIAW and Munich Reinsurance to resolve and settle the claim brought by Marie Bossert. The plaintiff filed her lawsuit on August 17, 2018, Yakima County Superior Court Case No. 18-2- 02874-39 entitled Marie Bossert v. City of Yakima. The claim of the above -named plaintiff against the City of Yakima was settled by CIAW and Munich Reinsurance through a mediation held on October 22, 2021, subject to Yakima City Council's approval. A copy of the agreement is included. The amount to be paid on behalf of the City of Yakima towards settlement of plaintiffs' claims is $400,000, all of which shall be paid by the City's insurance through CIAW and Munich Reinsurance. The City of Yakima has already paid its deductible for this claim and is paying no money toward settlement of plaintiff's claim. ITEM BUDGETED: NA STRATEGIC PRIORITY: Public Trust and Accountability APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description Upload Date D Resolution - Settlement of Bossert v. City of Yakima 11/2/2021 0 Settlement Agreement - Bossert, Marie v. City 11/2/2021 Type Resolution Presentation