Number
060779
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution authorizing cancellation of the City of Milwaukee’s subrogation claim against Annie Alford for payments made pursuant to the City’s Basic Health Plan.
Analysis
This resolution authorizes the settlement of a subrogation claim arising under the City’s Basic Health Plan in the lawsuit Richard and Annie Alford v. Windsor Insurance Company, et al., Milwaukee County Case No. 05-CV-006481.
Resolution
Body
Whereas, There is currently pending a personal injury action, Richard and Annie Alford v. Windsor Insurance Company, et al., Milwaukee County Case No. 05-CV-006481, in which Annie Alford seeks compensation for injuries sustained by her in an automobile accident which occurred on August 9, 2002; and
Whereas, The City of Milwaukee has made payments on behalf of Annie Alford for treatment pursuant to its Basic Health Plan in the amount of $31,806.14; and
Whereas, The City of Milwaukee has a subrogation claim against Annie Alford as a result of such payments; and
Whereas, The defendant’s insurer has offered its policy limits of $50,000 in settlement of Annie Alford’s claim; and
Whereas, Wisconsin Physicians Service Insurance Corporation (WPS), the claims administrator for the Basic Plan at the time the medical payments were made, advises that Annie Alford intends to accept this settlement, and that it is unlikely that a court would award the City any recovery on its subrogation claim; and
Whereas, Under these circumstances, the cancellation of the City of Milwaukee’s subrogation claim reflects the legal liability of the parties and is a fair and equitable resolution of the City of Milwaukee’s subrogation claim; and
Whereas, The Common Council wishes to cancel this claim; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that an authorized representative of Wisconsin Physicians Service Insurance Corporation, the claims administrator for the Basic Health Plan, be and hereby is authorized and directed, on behalf of the City, to cancel and release the City’s subrogation claim against Annie Alford in the amount of $31,806.14, as provided pursuant to the terms of the administrative services agreement between the City and WPS in effect at the time the medical claims were incurred, and to execute any necessary stipulations and releases to effectuate this settlement.
Requestor
City Attorney
Drafter
EHT:eht
September 25, 2006
1049-2006-2600:110081