HomeMy WebLinkAboutPR 23056: APPROVING SETTLEMENT OF WIND DAMAGE CLAIMS $161,387.06 City of :--
ort rthur
!c pus
INTEROFFICE MEMORANDUM
Office of Safety & Risk Management
Date: March 14, 2023
To: Ron Burton, City Manager
From: Trameka A. Williams, Director of Human Resourc
RE: A Resolution Approving Settlement of Wind Damage Claims in the Amount of$161,387.06 made Against
Certain Underwriters at Landmark American Insurance Company (through Agent USI Southwest Inc., El
Paso) due to Hurricane Laura (August 26, 2020)
BACKGROUND: On August 26, 2020, Hurricane Laura struck the City of Port Arthur damaging various City
properties because of the wind.
STAFF ANALYSIS, CONSIDERATIONS: The City has Windstorm coverage insurance through USI Southwest,
Inc., El Paso. Landmark American Insurance Company has offered the City a settlement of $161,387.06 for wind
related damages to various buildings as delineated in Exhibit "A". This is considered a fair and reasonable settlement.
If additional damages are discovered, Landmark American Insurance Company may issue a supplemental payment.
RECOMMENDATION: I recommend approval of Proposed Resolution No. 23056 which authorizes settlement of wind
claims in the amount of $161,387.06 made against Certain Underwriters of Landmark American Insurance Company
(through agent USI Southwest Inc., El Paso) hereinafter referred to as USI, because of wind damages to various City
properties as delineated in Exhibit "A" due to Hurricane Laura. The City of Port Arthur anticipates receiving additional
funds from insurance proceeds.
RWL Group, the City's Risk Management Consultant, and City Staff have reviewed the settlement offer and
recommend acceptance. This is considered a fair and reasonable settlement.
Budget Considerations: The funds received will be deposited in the Insurance Proceeds Account #156-00-
000-4744-00-00-000.
"Remember we are here to serve the Citizens of Port Arthur."
P.R. No. 23056
03/14/23 TAW
RESOLUTION NO.
A RESOLUTION APPROVING SETTLEMENT OF WIND DAMAGE CLAIMS IN THE
AMOUNT OF $161,387.06 MADE AGAINST CERTAIN UNDERWRITERS AT LANDMARK
AMERICAN INSURANCE COMPANY (THROUGH AGENT USI SOUTHWEST INC., EL PASO)
DUE TO HURRICANE LAURA (AUGUST 26, 2020) TO VARIOUS CITY PROPERTIES
WHEREAS, on August 26, 2020, Hurricane Laura struck the City of Port Arthur, resulting
in wind damages to various City properties; and,
WHEREAS, as a result of the wind damages, a claim was filed with Certain Underwriters
at Landmark American Insurance Company (through agent USI Southwest, Inc., El Paso,
hereinafter referred to as USI; and,
WHEREAS, USI has offered a payment in the amount of$161,387.06 for wind damages
sustained from Hurricane Laura as delineated in Exhibit "A"; and,
WHEREAS, this has been determined to be a fair and reasonable settlement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PORT ARTHUR, TEXAS:
Section 1. That, the facts and opinions in the preamble are true and correct.
Section 2. That, the City Manager is hereby authorized to execute settlement in the amount
of $161,387.06 for the claim against Certain Underwriters at Landmark American Insurance
Company (through Agent USI Southwest Inc., El Paso).
Section 3. That, a copy of this Resolution be spread upon the minutes of the City Council.
READ, ADOPTED, AND APPROVED this day of , AD, 2023, at a
Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES: Mayor , Councilmembers
NOES:
Thurman "Bill" Bartie, Mayor
ATTEST:
Sherri Bellard, City Secretary
4 APPROVED AS TO FORM:
4 j(ittG Ut17(P t) tJ )014
/Val Tizeno, Ci y Attorney
APPROVED FOR ADMINISTRATION:
4 Ronald Burton, City Manager
4
EXHIBIT "A"
SSMM Primary(SO%Share) LHD912867/7030149720
AMOUNT OF POLICY AT SWORN STATEMENT POLICY/CLAIM NUMBER
TIME OF LOSS IN
PROOF OF LOSS
05/01/20 TO THE Tampa,Florida
ISSUED FINAL PAYMENT AGENCY AT
05/01/21 CRC Group
EXPIRES AGENT
Landmark American Insurance Company
of Atlanta,GA
At time of loss, by the above indicated policy of insurance our insured
City of Port Arthur(TX)
against loss by All Risk to the property described under the above policy,according to the terms and
conditions of the said policy and all forms,endorsements,transfers and assignments attached thereto.
TIME AND A"Named Storm" loss occurred on the 27 day of August,2020
ORIGIN The cause and origin of the said loss were: CAT 50-Named Windstorm Event(Hurricane Laura)caused Wind
Damage to multiple buildings/parks
OCCUPANCY The building described,or containing the property described,was occupied at the time of loss as follows,
and for no other purpose whatever: City buildings,etc.
TITLE AND At the time of the loss the interest of your insured in the property described therein was: Owner
INTEREST No other person had any interest therein or encumbrance thereon,except:
CHANGES Since the said policy was issued there has been no assignment thereof,or change of interest,use,occupancy,
possession,location or exposure of the property described,except: None Known
TOTAL THE TOTAL AMOUNT OF INSURANCE upon the property described by this policy was,at the time of
INSURANCE the loss, 55MM Primary(50%Shale) as more particularly specified in the apportionment attached under
the policy besides which there was no policy or other contract of insurance,written or oral,valid or invalid.
VALUE THE ACTUAL CASH VALUE OF said property at the time of loss was Not Calculated
LOSS THE LOSS AND DAMAGE was RCV $ 1,238,949.01
DEDUCTIBLE Less the APPLICABLE DEDUC 1TBLE $ (279,794.12)
DEPRECIATION: Less DEPRECIATION S (70,902.80)
LOSS: THE Estimated Net Loss(ACV) $ 888,252.09
PRIOR PAYMENTS Less PAYMENT I $ (434,100.41)
Less PAYMENT II S (131,377.56)
PAYMENT THE AMOUNT CLAIMED at this time is S 322,774.12
(Landmark Share 50%of Total)_ $161,387.06
The said loss did not originate by any act,design or procurement on the part of your insured,or this affiant;nothing has been done or with the
privity or consent of your insured or this affiant,to violate the conditions of the policy,or render it void;no articles are mentioned herein or in
destroyed or damaged at the time of said loss;no property saved has in any manner been concealed,and no attempt to deceive the said company,
as to the extent of said loss,has in any manner been made. Any other information that may be required will be furnished and considered a part of
this proof.
Fraud Warning:It is a crime to provide false or misleading information to an insurer for the purpose of defrauding the insurer or any other person.
Penalties include imprisonment and/or fines.In addition,an insurer may deny insurance benefits if false information materially related to a claim
was provided by the applicant."
The furnishing of this blank or the preparation of proofs by a representative of the above insurance company is not a waiver of any of its rights.
State of Insured Signature: X
County of Insured Printed:
Subscribed and sworn to before me this day of 20
Notary Public
EMA File#1000307510