HomeMy WebLinkAboutICRMP Denial to Claimant - 2021-04-29T115135.664 (2) MICRMP Idaho Counties Risk Management Program
PO Box 15249
3100 S Vista Ave.,Ste.300
Member owned,Member Driven Boise, ID 83715
April 29, 2021
Cindy Pherigo and Dorothea Thompson
22970 Hwy 30
Hansen, ID 83334
RE: CLAIM NUMBER: C-21-02187-13283
INSURED: City of Twin Falls
CLAIMANT: Dorothea Thompson
DATE OF LOSS: 3/9/2021
Dear Ms. Pherigo:
We are the insurance carrier for the City of Twin Falls. We have reviewed your claim
against our above referenced insured for the damages you alleged to have sustained and
have been unable to find any negligence on the part of our insured.
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 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 grease, roots, debris or rags/paper towels in the line. The City's inspection of the
sewer main pipe with the city camera did not show any evidence that there had been a
backup in this portion of the City pipe.
Phone:208-336-3100 ■ Toll Free:1-800-336-1985 ■ Fax: 208-336-2100
Email: intake@icrmp.org ■ Website:www.icrmp.org
However, ICRMP does have a practice of offering to pay for the initial mitigation costs to clean
residential houses affected by black water. I will agree to pay the initial Service Master
mitigation bill of$10,046.29. This payment is not an acceptance of liability and no further
payment will be offered or paid.
I have enclosed a release of all liability and further payments. Please sign the release form and
send it back to the address on top of this letter. Once I receive the signed release, I will send
you this mitigation payment.
I will not need to have this release notarized, please just have someone one witness your
signature.
As a result of this investigation we conclude that City of Twin Falls is not liable for
damages in this instance under the Idaho Tort Claims Act. Should you know of any facts
that may cause us to reconsider our decision, please call me at 208-246-8225.
Sincerely,
Cam -C.
Carol Lukesh
Claims Specialist