Claim Zurich Peninsula G PetersJune 28, 2002
City Manager
City of Dubuque
city HaU
13t~ and Central
Dubuque, IA 52001
Zurich North America
Claims
P.O. Box 5~2000
Indianapolis, IN
46251-2000
Telephone (800) 239-0283
Fax (800) 282-7538
r v p://www.zu richna.com
Clahn #: 9700076306-001
Insured: Peninsula Gaming/Diamond Jo
Date of Loss: 03/14/02
Claimant: Bernice Petersen
Dear City Manager:
Please be advised that we are the general liability carrier for Peninsula Gaming/Diamond
Jo. The purpose of this letter is to place you on notice of this claim and to make a
demand upon you to assume the defense and indenmity of our named insured at your sole
cost and expense.
The facts briefly stated are, as we know them, claimant is alleging that she tripped over a
curb in the parking lot and fell due to poor lighting in the parking facility at or near 400
E 3~a Street in Dubuque, IA.
Our insured and Dubuque R~cing Association, Ltd. entered into a contract containing an
indemnity and hold harmless agreement. This tender is being made under the terms of
that contract and in accordance with the indemni~y and hold harmless agreement.
If you fail, refuse, or neglect to undertake the defense and indemnity of our insured, yon
will be deemed bound by the results of the trial should one result thereafter, and an action
will be brought against you by our insured for the amount of the judgment, interest, court
costs, investigative and trial expenses, and attorney's fees, all of which were necessarily
incurred as a result of your fa/lure to take over the defense and handling of this claim.
If you have not already done so, please refer this matter to your insurance carrier
immediately.
If you have any questions, please contact me. Please include our claim numbf-r~on all~
forms of commu~_ication.
Very truly yours,
Zurich American Insurance Company
eCL.., z.
Gary Mineart
CLAIM CASE MANAGER
(317) 816-2767
4,5 cv '-o ..-'~
June 28, 2002
Page 2
cc:
President
Dubuque Racing Association, Ltd.
P.O. Box 3190
Dubuque, IA 52001
Corporation Counsel
City of Dubuque
City Hah
13t~ and Central
Dubuque, IA 52001
General Manager
Dubuque Greyhound Park
O.O. Box 3190
Dubuque, IA 52001
Barry A. Lindaltl, Esq,
Corp(~ration Counsel
Suite 330, Harbor View Place
300 Main Street
Dubuque, Iowa 52001-6944
(563) 58.3-4113 office
(563) 583-1040 fax
balesq~mwci.net
July 5, 2002
DUB -E
Mr. Frank Miller, Jr., Claims Manager
Public Entity Risk Services
5701 Greendale Road
Johnston, Iowa 50131
RE:
Claim by Zudch American Insurance Company
Gary Mineart, Claim Case Manager
Claim #: 9700076306-001
Insured: Peninsula Gaming/Diamond Jo
Date of Loss: 03/14/02
Claimant: Bernice Petersen
Dear Frank:
Enclosed is a claim filed by Gary Mineart, Claim Case Manager for Zurich American
Insurance Company, on behalf of Insured Peninsula Gaming/Diamond Jo. This is
regarding claimant Bernice Petersen. Zurich American Insurance Company is
demanding the City assume the defense and indemnity of their named insured at the
City's sole cost and expense.
Mr. Mineart states that claimant is alleging that she tripped over a curb in theparking lot
and fell due to poor lighting in the parking facility at or near 400 E. 3raStreet in
Dubuque, Iowa.
If you have any questions, you may contact me at (563) 583-4113. Thank you for your
assistance with this matter.
Very sincerely,
Barry A: Lindahl
Corporation Counsel
BAL:tls
Enclosure
cc: Frank O'Connor