HomeMy WebLinkAboutICRMP Denial to Claimant - 2021-06-03T133016.405 MICRMP Idaho Counties Risk Management Program
PO Box 15249
3100 S Vista Ave.,Ste.300
Member owned,Member Driven Boise, ID 83715
6-03-2021
Steve Thompson 19770-023
P.O. Box 5000
Sheridan, OR 97378
RE: CLAIM NUMBER: C-21-02187-13283
INSURED: City of Twin Falls
CLAIMANT: Dorothea Thompson
DATE OF LOSS: 3/9/2021
Dear Mr. Thompson:
We are the insurance carrier for 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.
70ur 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
Phone:208-336-3100 ■ Toll Free:1-800-336-1985 ■ Fax: 208-336-2100
Email: intake@icrmp.org ■ Website:www.icrmp.org
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.
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. Therefore, we must decline
any payment on your claim. Should you know of any facts that may cause us to
reconsider our decision, please call me at 208-246-8225.
Sincerely,
Cam -(2�
Carol Lukesh
Claims Specialist