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3/19/80
RESOLUTION NO. 8 0- 2 5 1
A RESOLUTION AUTHORIZING THE DIRE?CTOR OF FINANCE TO PAY
TO MARSHALL BERWICK LEASING, LNG., INDIVIDUALLY, MARSHALL
BERWICK LEASING, INC. f/u/h/o UNIVERSAL UNDERWRITERS
INSURANCE CO, AND IINIVERSAI, UNDE:R.I%RTTERS INSURANCE CO.,
INDIVIDUALLY', IJI'I'uorr T11F AD-11ISSION OF IJABILTTY, THI:
SUM OF $6,200.00 IN FU1,1, AND COMPLETE SE,;'I'TLF.MFN'C OF ALI.
PERSONAL. INJURY PROTECTION LIENS, WORKMENS COMPENSATION
LIENS, SIrBROGA'('ION CLAIPIS AND ALL OTHEEt CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI, AND UPON THE EXECUTION OF A RELEASE,
RELEASING THE CITY FKOM ALL CLAIMS AND DF,MANDS.
WHEREAS, MARSHALL BERWICK LEASING, INC., individually, MARSHALL BERWICK
LEASING, INC., f/u/b/o UNIVERSAL UNDER1RITERS INSURANCE CO. and UNIVERSAL
UNDERWRITERS INSURANCE CO., individually, have filed a claim against the City
of Miami for subrogation and for personal injury protection lien resulting
from an accident involving a City owned vehicle on April 8, 1977 at or near
the intersection of Northwest 7th Avenue and 20th Street, Miami, Dade County,
Florida; and
WHEREAS, the above claim has been investigated by the Torts Division of
the City Attorney's Office in accordance with Ordinance # 8417, which creates
the City of Miami's Self Insurance Program and said Office recommends that
these claims be settled for the sum of Six Thousand Two Hundred ($6,200.00)
Dollars;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY MI,
FLORIDA:
ITL
Section 1. That the Director of Finance is hereby authorized to pay to
MARSHALL BERWICK LEASING, INC., individually, MARSHALL BERWICK LEASING, INC.,
f/u/b/o UNIVERSAL UNDERWRITERS INSURANCE CO. and UNIVERSAL UNDERWRITERS IN—
SURANCE CO., individually the sum of Six Thousand Two Hundred ($6,200.00)
Dollars, in full and complete settlement of all personal injury protection
liens, workmens compensation liens, subrogation claims and all other claims
CITY COMMISSION
MEETING OF
MAY 3 1930
RJ-35
REi0WT10N NO.,.,...............r
/.
and demands against the City of Miami, upon the execution of a release,
releasing the City of Miami from all such liens, claims and demands.
PASSED AND ADOPTED this 8 TH day of MAY
1980.
TEST: �(ON
GRALI GGIE, CITY C1,ERK
$4tE�ARED ANi APPROVED AS TO FORM:
STEVEN A. EDELSTEIN,
ASSISTANT CITY ATTORNEY
APP OVED•,AS TO FOMM AND CORRECTNESS:
r,
GEO E F. KNOX, JR.,
CITY AT NI:Y
MAURICE A. FERRE
M A Y 0 R
2
80-351
zo
Honorable Members of
the City Commission
GeF. Klox, Jr.��
City�Attorney
March 20, 1980
Marshall Berwick Leasing, Inc., in—
dividually, Marshall Berwick Leasing,
Inc., f/u/h/o Universal Underwriters
Insurance Co. and universal Underwriters
Insurance Co. v. The City of Miami
Circuit Court Cast: No. 78-5999 (CA 15)
This claim arose out of an accident that occurred on April 8, 1977,
at or near the intersection of Northwest 7th Avenue and 20th Street,
Miami, Dade County, Florida. A police vehicle was completely demolished
as a result of the accident and was declared to be "totalled".
As a result of the accident, Universal Underwriters Insurance Company
paid personal injury protection benefits in the amount of $5,000.00 and
property damage to the motor vehicle which was owned by Marshall Berwick
Leasing, Inc. and operated by Linda Schwartzman in the amount of $5,154.00.
Plaintiffs have brou};lit this suit as a suhrogation action to recover a
$5,000.00 personal injury protection benefits lien and $5,154.00 for
property damage. These figures have been verified as to being correct.
Plaintiff's original df�m.:ind for settlement was for $10,154.00, the full
amount of the insurance henefits Laid. Section 627.736 Florida Statutes as it
was applicable at the tide of the accident clearly provided that the City of
Miami would be responsible to indemnify the insurance carrier for Personal
Injury Protection henefits which had been paid. In the event. that this case
were to go to trial, it is likely that the plaintiffs would recover the full
amount of $111,154.00. Through 0XtensiVe negotiations, however, the amount of
the demand has been reduced and the claim can he settled for $6,200.00.
The above claim 11a:; het2n investigated by the City Attorney's Office
in accordance with Ordinance No. 5417, which creates the City of Miami's
Self —Insurance Program and the said Office recommends that the City of
Miami pay $6,200.00 in settlement of this claim.
GFK/SAG/wpc
Enclosures
80-351