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Home My WebLink About1988 Property Damage Claim Documentation L MC 1 OcT - 1 1998 145 Universi �, en ue West, St. Paul ' 55103 - 2044 L eague of Minnesota cities I'7 ` - - 00 • (:10) 925 -1122 Cities promoting excellence Fa . - (• 12) 281 -1290 October 6, 1998 Michelle Schilling 14887 Upper 55th St. N. Oak Park Heights, MN 55082 BRS #: 11023342 Trust Member: Oak Park Heights Claimant: Michelle Schilling D /Occurrence: 6 -27 -98 Dear Ms. Schilling: The above captioned claim involves the incident whereby a tree apparently located on city property fell onto your fence, dog kennel and trampoline. The League of Minnesota Cities Insurance Trust (LMCIT) provides insurance coverage for the city of Oak Park Heights. After obtaining further information on this claim, we have decided to reconsider our initial denial sent to you on July 27, 1998. Enclosed you will find payment in the amount of $250.00, which covers the full amount you requested reimbursement for. Please be advised this payment is made solely to compromise a disputed and contested claim, and in no way does the city of Oak Park Heights or the LMCIT admit to liability for the above occurrence. Sincerely, Brian Horsch Adjuster (651) 215-4078 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER CITY O l # - OAK PARK HEIGHTS 14168 N. 57th Street • Box 2007 •Oak Park Heights, MN 55082 • Phone: (612) 439 -4439 FAX 439 -0574 September 28, 1998 League of Minnesota Cities Insurance Trust Attn: Mr. Brian Horsch 145 University Ave. West St. Paul, MN 55103 -2044 Dear Mr. Horsch: Earlier this year there was a request to you from one of our citizens to pay for the deductible on her homeowner's insurance for damage done to her fence by a city tree. The answer from the Insurance Trust was that this was an act of God, that there was no way the city could have known about this, and therefore, the Insurance Trust did deny her claim. I need to point out to you that this individual had contacted City officials several times prior to the storm and in fact, had been keeping City staff aware of some of the potential problems she felt she was facing with this tree. I hate to point it out, but yes, our former Public Works Director had a tendency to take and receive information such as this and not follow up with appropriate actions. I do believe that if we had the present system in place, that tree would have been removed and the potential liability eliminated for the City. Based on this information, I would request that you review your claim report on this and reconsider having this citizen reimbursed for the damage that was caused to her property. I will point out the damage was substantially in excess of her deductible, however, she is only requesting the deductible at this point. Lastly, I would request that you inform the City as to your response to this as soon as possible. If, in fact, your response is still in the negative, I would like to know what the City's capabilities are for reimbursing this individual directly through our storm damage fund and what liabilities that would potentially place on you, as our insurance carrier on creating an unworkable precident for you. If you have any further questions or comments on this, please let me know. Sincerely, Thomas M. Melena City Administrator Tree City U.S.A. IJ RFp 7 21998 September 21, 1998 L.- Mr. Tom Melena City Administrator City of Oak Park Heights 14168 North 57th Street Oak Park Heights, MN 55082 Dear Sir or Madam: I live in Oak Park Heights and during the storm we had on June 27, one of the City's trees fell into my yard. It destroyed part of my fence, my dog kennel, and trampoline in the process. I contacted city officials several times prior to the storm to have them prune and trim the tree as branches were hanging way down and part of the tree looked diseased, and I was concerned that part of the tree would come down and destroy my property if there was a bad storm. I contacted the Public Works Director in the summer of 1997, and in the spring of 1998, I contacted the city Arborist and Councilmember Mark Swenson numerous times about my concerns. I am hereby requesting that the City reimburse me for the $250.00 deductible I have under my homeowner's insurance. Please send the $250.00 directly to me. Thank you. Sincerely, Michelle Schilling 14887 Upper 55th Street N. Oak Park Heights, MN 55082 .^ r" ° \nek--.ck.,.d.p_t_ s (4.orl (,( ss• st. N . k J ._ _ - ii __ __ c.4_..cg._ n c,,_ v-c __€7,..,__ L-■ c- --re.A. o 1.-e- -!"_ n-t. -Ac-- - 6 e‘' r Ce c_, s"la,rv._.... :„•, -.._, (0, V.... LA ,..........--- - s7k-....., c-c-,....-4..; - 1 - \ .0, s . , .3 L.__ c k.. c_ A - - CL,.... (..,:_ 5 (4Li: - L„1'S X -- v+•5 q,�/ _.__ 0-.. -- De....- ,.cam (. ,.. -7 :. ,-. (... - % ---- LA- "----S-- c.„."--j2.......4....d. t...,k,.€ :‘,. ,1/4-........--(2-41_ (...,..__ -- i e.._ 6 .....it .1--: J-- .--,:::* c..c.,...c.k...-42....._---te.,.... .c ,....-,...,42_42._ -- -C , ... lezuz___ _ _____ y Y w� o..S a 4 - . 5 �.c-- ■ \ s . ..moo.. . A e. sr t + �. kne-.s • 3 7 ).. . ..VV-- d- (, .....•• ••- S,.._ ......44 •AC:?•••■... V kAA."-Q.t"........— " ,--,..._ `�?'r S ew' Tts.,,, C2 p... ..7- cd -tom' - _ - -.. ]1'^'- -- - `ti-7q- _._e- ="^` fir- - L-. '- ,....,.."5 - -- 2 -.. - -- __... - -- - -. _.__ l e:t ,1.. r\-- JUL 281 998 �� LMC 145 University Ave ue West, St. 'a , • • " " 13 -2044 L eague of Minnesota Cities Phone: (612 : - i i :1! ! • ► 5 -1122 Cities promoti g excellence Fax: (612) 281 -1299 • TDD (612) 281 -1290 • July 27, 1998 Michelle Schilling 14887 Upper 55th St. N. Oak Park Heights, MN 55082 BRS #: 11023342 Trust Member: Oak Park Heights Claimant: Michelle Schilling 13/Occurrence: 6 -27 -98 Dear Ma. Schilling: The above captioned claim involves the incident whereby a tree apparently located on city property fell onto your fence, dog kennel and trampoline. The League of Minnesota Cities Insurance Trust provides insurance coverage for the city of Oak Park Heights and handled the investigation of this matter. According to our investigation, the tree that fell onto your property was not in a condition that suggested it should have been removed prior to the storm of 6- 27 -98. The tree was scheduled to be pruned sometime in the near future. However, the city makes certain discretionary decisions with respect to if and when trees are removed or pruned. The condition of this tree prior to the storm of 6 -27 -98 indicated it did not pose as an imminent danger. Additionally, the severity of the storm on 6 -27 -98 indicates the conditions were strong enough to take down any tree, regardless of its condition. Therefore, I fail to find any evidence of negligence on the part of the city of Oak Park Heights for your claimed damages, and I must respectfully decline any payment to you. Sincerely, Brian Horsch Adjuster 215 -4078 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER c: Judy Uoist Deputy Clerk City of Oak Park Heights P.O. Box 2007 Oak Park Heights, MN 55082 c: Jay Johnson Public Works Director City of Oak Park Heights P.O. Box 2007 Oak Park Heights, MN 55082 c: Landmark Insurance Agency 232 S. Lake St. P.O. Box 188 Forest Lake, MN 55025 c: Kelly Robotnik, BRS CITY OAK PARK HEIGHTS ^i ' 14168 N. 57th Street • Box 2007.Oak Park Heights, MN 55082 • Phone: (612) 439 -4439 • FAX 439 -0574 k July 9, 1998 Michelle Schilling 14887 Upper 55th Street North Oak Park Heights, MN 55082 Dear Ms. Schilling: In regards to the letter you sent detailing information about the tree that fell in your yard during the June 27, 1998 storm: we have kept the original and sent a copy to our insurance company for resolution. If you have any questions, please give me a call. Very truly yours, Thomas M. Melena City Administrator Tree City U.S.A. rte. JUL 8 X998 iJ July 7, 1998 City of Oak Park Heights 14168 North 57th Street Oak Park Heights, MN 55082 Dear Sir or Madam: I live in Oak Park Heights and during the storm we had on June 27, one of the City's trees fell into my yard. It destroyed part of my fence, my dog kennel, and trampoline in the process. I have been told by Jay Johnson that the City will have the tree removed. In addition, I am hereby requesting that the City reimburse me for the $250.00 deductible I have under my homeowner's insurance. I might add that at least a year ago and during the past year, I have contacted many people at City Hall (at least four) to inform them that the tree was diseased and I believed it would come down during a storm. I was told that it was on the list but it was never taken down. Please send the $250.00 directly to me. Thank you. Sincerely, J el):14 - 4‘ 1 Michelle Schilling 14887 Upper 55th Street N. Oak Park Heights, MN 55082 cc: Jay Johnson