HomeMy WebLinkAboutLombard, Deanna Denial MAR 13 2022 MICRMP Idaho Counties Risk Management Program
PO Box 15249
3100 S Vista Ave.,Ste.300
Member owned,Member Driven Boise, ID 83715
March 13 2022
Deanna Lombard
448 Tyler St
Twin Falls, ID 83301
RE: CLAIM NUMBER: C-22-02187-15388
INSURED: City of Twin Falls
CLAIMANT: Deanna Lombard
DATE OF LOSS: 3/13/2022
Dear Ms. Lombard:
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.
Due to Idaho State Code and immunities the Cities in Idaho are not liable for sewer backups. To
be liable for a claim, a City has to act or be negligent. There is no negligence for the City for this
claim . The City maintains their lines and this line was flushed within the policy that the City has
set. .
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.
Phone:208-336-3100 ■ Toll Free:1-800-336-1985 ■ Fax: 208-336-2100
Email: intake@icrmp.org ■ Website:www.icrmp.org
ICRMP has a practice to pay for the initial mitigation bill to help dry and clean the property
owner's residence. This payment is not an acceptance of liability. I have sent you a check
for $2,866.85 for the cleaning of your basement.
It must be noted that all residence owners should prevent black water from entering their
residences by installing a back check valve in their residence.
ICRMP is denying the restoration and content portion of the claim. Most homeowners
have their own backup insurance for this purpose.
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 further 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,
C ai� 1 �
Carol Lukesh
Claims Specialist