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File #: 081140    Version: 0
Type: Resolution Status: Passed
File created: 12/16/2008 In control: JUDICIARY & LEGISLATION COMMITTEE
On agenda: Final action: 1/16/2009
Effective date:    
Title: Resolution authorizing cancellation of the City of Milwaukee’s subrogation claim against David Stephens for medical services under the Basic Health Plan.
Sponsors: THE CHAIR
Indexes: CLAIMS, LITIGATION
Attachments: 1. Fiscal Note, 2. Hearing Notice List
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
1/28/20090 MAYOR SIGNED   Action details Meeting details Not available
1/16/20090 COMMON COUNCIL ADOPTEDPass14:0 Action details Meeting details Not available
1/12/20090 JUDICIARY & LEGISLATION COMMITTEE RECOMMENDED FOR ADOPTION

Minutes note: Ald. Witkowski moved to hold as the City Attorney's Office was not present. This item was heard at 2:30 p.m. when the City Attorney's Office was present.
Pass5:0 Action details Meeting details Not available
12/26/20080 JUDICIARY & LEGISLATION COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
12/16/20080 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available

Number

081140

Version

ORIGINAL

Reference

 

Sponsor

The Chair

Title

Resolution authorizing cancellation of the City of Milwaukee’s subrogation claim against David Stephens for medical services under the Basic Health Plan.

 

Analysis

This resolution authorizes the settlement of a subrogation claim arising under the City’s Basic Health Plan against David Stephens in connection with settlement of a personal injury claim.

 

Resolution

Body

Whereas, David Stephens has entered into a settlement agreement with respect to claims against Clyde Babcock, Progressive Insurance and American Family Insurance with respect to personal injuries suffered in an accident on December 1, 2007; and

 

Whereas, The City of Milwaukee has made payments on behalf of David Stephens for medical treatment and services related to the December 1, 2007 accident pursuant to its Basic Health Plan in the amount of $89,420.08; and

 

Whereas, The City of Milwaukee has a subrogation claim against David Stephens as a result of such payments; and

 

Whereas, The two insurance carriers involved have offered and exhausted the limits of their respective policies for underinsured and liability coverage and any recovery on the City’s claim is unlikely; and

 

Whereas, Cancellation and 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 the City Attorney be and hereby is authorized and directed, on behalf of the City, to cancel and release the City’s subrogation claim against David Stephens in the amount of $89,420.08, and to execute and deliver any necessary stipulations and releases to effectuate this release.

 

 

Requestor

City Attorney

Drafter

City Attorney