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· League of Minnesota Cities Insurance Trust assigns an adjuster who makes contact <br /> with the Finance Department, other city employees who were involved or witnessed <br /> the incident, and the claimant <br />· Insurance Company reviews facts and determines whether the City has any liability <br /> and informs the claimant by letter the findings along with payment or notification of <br /> denial of the claim <br />· Case is closed <br /> <br />The City always maintains open communication with the claimant and tries to help them work <br />through the situation without at anytime admitting city liability or guaranteeing that payment <br />will be made to them for their damages. As we stress with all claimants, the decision on <br />whether or not the City was liable rests solely with the City's insurance company. <br />Occasionally, when a claim is denied the claimant decides to either appeal or tries to push the <br />issue in some other fashion. Typically after discussing the issue with them on the phone or by <br />correspondence, the claimant understands why the City was not responsible, why the <br />insurance company denied the claim, and why the City cannot pay for claims that are denied <br />by the insurance company. The City Council has not in the past authorized payments to <br />claimants because the LMCIT has denied their claim. However, once a claimant threatens a <br />lawsuit or makes other threatening actions, communications with that claimant cease and the <br />item is turned back to the insurance adjuster or the City Attorney. <br /> <br />The Bengstons have threatened legal action against the city. Therefore after a phone <br />conversation with Mr. Bengston on July 10 in which I informed him that I was sending a letter <br />addressing the items raised in his recent letter, staff immediately discontinued communication <br />and has had no further communication with Mr. or Mrs. Bengston. <br /> <br />As I stated earlier, attached is some of the correspondence regarding this claim along with a <br />memo from Gary Leirmoe explaining the facts of this claim. Both Gary and I will be present <br />on Monday night to answer any questions the Council may have regarding this issue. <br /> <br /> <br />