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File #: 081446    Version: 0
Type: Resolution Status: Passed
File created: 2/10/2009 In control: JUDICIARY & LEGISLATION COMMITTEE
On agenda: Final action: 3/3/2009
Effective date:    
Title: Resolution authorizing settlement of a lawsuit against Zurich American Insurance Company in connection with damage to certain Milwaukee water distribution facilities during the demolition of the Park East freeway.
Sponsors: THE CHAIR
Indexes: EXPRESSWAYS, LITIGATION, SUITS SETTLEMENT, WATER MAINS, WISCONSIN ELECTRIC POWER COMPANY
Attachments: 1. Fiscal Note, 2. Cover Letter, 3. Hearing Notice List

Number

081446

Version

ORIGINAL

Reference

 

Sponsor

THE CHAIR

Title

Resolution authorizing settlement of a lawsuit against Zurich American Insurance Company in connection with damage to certain Milwaukee water distribution facilities during the demolition of the Park East freeway.

 

Analysis

This resolution authorizes the settlement of a lawsuit against Zurich American Insurance Company in connection with damage to certain Milwaukee water distribution facilities during the demolition of the Park East freeway.

 

Resolution

Body

Whereas, The City of Milwaukee has commenced a lawsuit against Zurich American Insurance Company which insured James Cape & Sons Company; and

 

Whereas, The claim relates to allegations that James Cape & Sons Company during the demolition of the Park East freeway negligently placed a substantial amount of concrete from the demolished freeway on a street and above a Milwaukee water main, resulting in a rupture of the main on September 23, 2002; and

 

Whereas, Because of the damage to the water main, the City of Milwaukee incurred $165,482.17 in expenses to repair the main; and

 

Whereas, The insurer for James Cape & Sons Company has offered to pay $87,500 in settlement of the lawsuit against Zurich American Insurance Company; and

 

Whereas, The amount offered is a fair and reasonable settlement of the City’s claim; now, therefore, be it

 

Resolved, By the Common Council of the City of Milwaukee, that the Office of the City Attorney for the City of Milwaukee be and hereby is authorized and directed, on behalf of the City, to release and satisfy the City’s claims in the above-referenced lawsuit for an amount of $87,500, and to execute any necessary stipulations and releases to effectuate such settlement.

 

Requestor

City Attorney

Drafter

JAS

February 5, 2009

 

1048-2008-2730:142381