NUMB:
981224
VERS:
SUBSTITUTE
REF:
XXBY:
THE CHAIR
TITL:
Substitute resolution authorizing release and cancellation of the City of Milwaukee's subrogation claim against Lynn Coffey for payments made pursuant to the City's Basic Health Plan.
ANLS:
This substitute resolution authorizes release and cancellation of the City of Milwaukee's subrogation claim against Lynn Coffey for payments made pursuant to the City's Basic Health Plan.
BODY:
Whereas, Lynn Coffey has filed a claim against the Ohio Casualty Group with respect to injuries suffered in an automobile collision with Lula McNeary occurring on April 23, 1996; and
Whereas, As a result of injuries sustained as a result of that accident, the City of Milwaukee has made payments on behalf of Lynn Coffey for treatment of such injuries pursuant to its Basic Health Plan in the amount of $46,198.40; and
Whereas, The City of Milwaukee has a subrogation claim against Lynn Coffey as a result of such payments; and
Whereas, The Ohio Casualty Group has tendered its policy limit of $100,000.00 to Lynn Coffey in settlement of her claim against Lula McNeary; and
Whereas, The total claim asserted by Lynn Coffey is $222,932.14, and it is unlikely that a court would find that Ms. Coffey was made whole by this settlement; and
Whereas, Under these circumstances, the release 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; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that the subrogation claim of the City of Milwaukee against Lynn Coffey arising out of payments for treatment of injuries sustained as a result of her automobile collision with Lula McNeary on April 23, 1996 is hereby cancelled and released in full, and the City Attorney is authorized to execute a release of said claim on behalf of the City.
...DFTR:
City Atty
12/2/9...
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