HomeMy WebLinkAbout2020 Olson_Alferd 490 Taylor ICRMP Denial We refer you to Idaho Code §6-904, which states:
6-904. Exceptions to governmental liability. A governmental
entity and its employees while acting within the course and
scope of their employment and without malice or criminal
intent shall not be liable for any claim which:
1. Arises out of any act or omission of an employee of the
governmental entity exercising ordinary care, in reliance
upon or the execution or performance of a statutory or
regulatory function, whether or not the statute or regulation
be valid, or based upon the exercise or performance or the
failure to exercise or perform a discretionary function or
duty on the part of a governmental entity or employee
thereof, whether or not the discretion be abused.
Our investigation revels that the City was called out to this address on 6/12/2020 and
did not find any blockage in their line or evidence of standing or backing up water in the
manholes. The City flushed their line and did not find any roots, debris or rags/paper
towels in the line. This may have been a soft blockage that went undetected. The City
has followed all maintenance policy on this City line and in fact just flushed the line in
early September 2019. The City cannot be liable for oil, grease and other clogging
agents from being placed in the City sewer lines nor can they prevent this action.
ICRMP has a practice to pay for the initial mitigation bill to help dry and clean the
claimant's residence. This payment is not an acceptance of liability. I have sent a check
to Claude Brown Restoration for their bill of$10,267.99.
It was requested that you turn this over to your own insurance carrier for payment for
the restoration portion of your claim.