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TO: |
Board of Trustees |
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THROUGH: |
Jay Fox, Executive Director |
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FROM: |
Viola Miller, Chief Financial Officer |
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PRESENTER(S): |
Tim Merrill, Assistant Attorney General |
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Dave Pitcher, Claims and Insurance Manager |
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Mike Benvegnu, Claims Administrator |
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Mitch Nielsen, Claims Adjuster |
TITLE:
title
Disbursement: Claim Settlement Approval (Heirs of Marilyn Chapman)
end
AGENDA ITEM TYPE:
Disbursement
RECOMMENDATION:
Approve and authorize the Executive Director to execute the arbitration award and associated disbursements for Marilyn Chapman vs UTA in the amount of $427,581.16.
BACKGROUND:
Heirs of Marilyn Chapman vs UTA
The subject accident took place on February 15, 2018 when a bus ran a red light and collided with the Plaintiff’s vehicle. Marilyn Chapman was in her late eighties at the time of the accident and did not pass away due to injuries from the UTA accident but injuries affected her health many months beyond the period of active treatment. Her medical bills were significant. This case went to binding arbitration resulting in an award for the plaintiff. This case was assigned claim number GL-42840-7384.
DISCUSSION:
Heirs of Marilyn Chapman vs UTA
This was a case which was better to arbitrate than to take to trial. Liability was not disputed. The result of the binding arbitration was an award of $427,581.16 which included prejudgment interest. Authorization is requested to pay the arbitration award of $427,581.16.
ALTERNATIVES:
Chapman vs UTA - the award would be turned into a judgement by the court and enforced against UTA.
FISCAL IMPACT:
This arbitration award is for $427,581.16. Funding for this award is budgeted as part of the 2023 operating budget for Risk and Insurance Services. As a self-insured entity in Utah, UTA is required to have a designated cash account sufficient to cover all probable losses.
ATTACHMENTS:
None