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File #: 060125    Version:
Type: Resolution Status: Passed
File created: 5/9/2006 In control: JUDICIARY & LEGISLATION COMMITTEE
On agenda: Final action: 5/31/2006
Effective date:    
Title: Substitute resolution authorizing settlement and cancellation of the City of Milwaukee’s subrogation claim against Jean M. Bonneville for payments made pursuant to the City’s Basic Health Plan.
Sponsors: THE CHAIR
Indexes: CLAIMS, CLAIMS CANCELLATION
Attachments: 1. Fiscal Note, 2. WPS Letter.PDF
Number
060125
Version
Substitute 1
Reference

Sponsor
THE CHAIR
Title
Substitute resolution authorizing settlement and cancellation of the City of Milwaukee’s subrogation claim against Jean M. Bonneville for payments made pursuant to the City’s Basic Health Plan.

Analysis
This resolution authorizes the settlement of a subrogation lien arising under the City’s Basic Health Plan in the lawsuit entitled Jean M. Bonneville, et al. v. WPS Health Insurance, et al., Milwaukee County Case No. 04-CV-010331.

Body
Whereas, The above-captioned case concerns a personal injury action, Milwaukee County Case No. 04-CV-010331, seeking compensation for injuries sustained by plaintiff Jean M. Bonneville in an automobile collision occurring on December 29, 2001; and

Whereas, The City of Milwaukee has made payments on behalf of Jean M. Bonneville for treatment pursuant to its Basic Health Plan in the amount of $57,370.32; and

Whereas, There is a genuine dispute of fact as to whether the payments made were in any way related to injuries sustained in the accident; and

Whereas, The City of Milwaukee has a subrogation claim against Jean M. Bonneville as a result of such payments; and

Whereas, the defendant’s insurer has tendered the amount of $30,000 to Jean M. Bonneville in settlement of her claim; and

Whereas, Wisconsin Physicians Service Insurance Corporation (WPS), the claims administrator for the Basic Plan at the time the medical payments were made, recommends acceptance of the amount of $2,500.00 in satisfaction of the City’s claim; 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; 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 Servic...

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