Claim by Peter & Sarah Ross 2 18 09THE CTTY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
TRACEY STECKLEIN
PARALEGAL
To: Mayor Roy D. Buol and
Members of the City Council
DATE: February 19, 2009
RE: Claim Against the City of Dubuque by the Peter Ross
Claimant Date of Claim Date of Loss Nature of Claim
Peter Ross 02/18/09 02/01/09 Property Damage
This is a claim in which claimant alleges that the basement, driveway and yard of his
residence located at 890 Kirkwood Street sustained water damage due to a broken
water main.
This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa
Communities Assurance Pool.
BAL:tIs
cc: Michael C. Van Milligen, City Manager
Bob Green, Water Department Manager
Peter Ross
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL tsteckle@cityofdubuque.org
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CLAIM AGAINST THE CITY OF DUBUQUE, IOWA
This written report constitutes -your claim against the City of Dubuque, Iowa: You
should complete this form in full and attach any additional information that
supports your claim.
The claim must be filed with the. City Clerk at City Hall, 50 West 13t" St.,
Dubuque, IA 52001. It will then be referred to the appropriate department for
_ investigation and to the City~Attorney's Office. Once that investigation is
completed, a report and recommendation will be submitted to the City. Council.
You will be provided with a copy of that report and recommendation.
The final decision on all claims is made by the City Council. No employee of the
City of Dubuque has the authority to make any representation to you as to
whether your claim will or will not be paid.
1. Name of Claimant: VV1 ~~S .
2. Address: ~ ~-- ~ ~
3. Telephone Number ~~(~_ ~~~(~
4. Date of Incident: ~. ~? ~ 7
5. Time of Incident: 3:1~ ~1'}')
6. L~o~ca~tion of Incident (Be s ~ cific):
10. Did~~ice investigate? (If so, give names of officers.)
11. Was anyone injured? (If so, give names, addresses, and extent of injuries).
12. Was any damage done to property? (If so, describe property and the extent
of damages. Attach estimates of damages or describe basis for ascertaining
extent ofd mage,~
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13. What other damages do.you clai"m._,~if any?
14..Have you been compensated for any part or all of your claim by any
insurance company? (If sQ, give name and address of insurance company and
amount paid.) ,.
1.5. What amount do you claim from the .City of Dubuque?
16. Why do you claim the City of Dubuque is responsible?
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17. Have you made any claim against anyone else for damages as a result of
this incident? (If yes, give name and address.)
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18. If the answer to Question 17 is yes, have you received any payment from that
sourc~~and if so, in what amount?
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Dated this day of _ , 20 '= ~~=~
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Claim Against the City of Dubuque, Iowa
Attachment
12.) Damage:
• Front yard washed out and undermined
o See attached bid for top soil etc.
• Driveway possibly undermined
• Finished basement
o Flooring destroyed &Carpet on staircase water damaged
^ Bid from The Floor Emporium - $1,979.70
• Dry Wall & Insulation water damaged
o Dry wall and insulation needs to be replaced half way up
walls
^ Bid from Kanndo not received yet
• Couch & Chair (only material covered furniture) water damaged
o
• Area Rugs - 6x4 & 2x3 water damaged
o Approx $100
• Emergency Clean up
o Bill from Kanndo will be coming but we have attached the
Price List.
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The FI®®r Emp®rlurr~invoice No: "~`~` ~~~
4370 Dodge Street
Dubuque,lA 52003
(563) 583-8222 fax (563) 583-0858
Customer i
Name Pete & Sara Ross Date
Address 890 Kirkwood Order No.
City Dubuque State IA ZIP 52003 Rep
PHONE (563)-556-8856 FOB
Qty Description Unit Price
Laminate Replacement
357 sgft 17crtns of Stock Shaker Cherry to be installed over $2.37
foam underlayment in basement at above address
400 sgft of foam underlayment $0.25
1 end cap $23.55
1 track $10.36
Carpet Replacement
10 yrds of Something So Right ????? To be installed over #8 $24.14
pad on steps & landing at above address
90 sgft of #8 pad $0.46
Payment Details
O CASH
p CHECK
O Credit Card
DOWN PAYMENT
Date
Ck#
BASED ON CASH PRICE
ADD 2.5% FOR CREDIT CARD
i
cc #
SubTotal
LABOR
IOWA TAX
»»»» T®TAL
DOW N PAYMENT
BALANCE
PAYMENT
BAL. DUE»»
2/3/2009
Ron Gerlach
TOTAL
$846.09
$100.00
$23.55
$10.36
$241.40
$41.40
$1,262.80
$628.50
$88.40
$1,979.70
$1,979.70
$1,979.70
` txpires
\ ALL INVOICES ARE DUE NET 5 OF COMPLETION!
PLEASE 1.75% INTEREST WILL BE CHARGED PER MONTH TO ANY PAST DUE AMOUNT. ALL
READ COLLECTION COSTS, INCLUDING BUT NOT LIMITED TO ATTORNEY FEES, COURT
COSTS,ETC,WILL BE CHARGED TO DELINQUENT ACCOUNTS. ANY REASON FOR WITH
HOLDING PAYMENT MUST BE RECEIVED IN WRITING WITHIN 5 DAYS OF JOB
COMPLETION!
'ACCEPTED BY ..............................................DATE..................
PLEASE NOTE: IN CASE OF AN UNANTICIPATED DELAY IN JOB COMPLETION OF 7 DAYS OR
MORE, FOR REASONS BEYOND THE CONTROL OF THE FLOOR EMPORIUM, ALL (X)""""""""""
READ MATERIALS NEED TO BE PAID IN FULL AND LABOR PAID UP TO DATE. DATE ................
'~ our wet c ~ and pad, bag for disposal ~ ~~ --~,~-~f 51~~~~. ~ .27 sq.f~.
.
eta Equip ent.
Deh 'differ (per 24 hour period). $ 70.08 each
fir mover (per ~~ hour period) ~ ~6.~3 each
Service call to check equipment -and stzucture drying ~ 35.04
Tf your structure is not. dried properly with flood air moving. equipment and dehumidifiers
to take the moisture out of the air your risk for mold is very high. within 48 hours mold
can begin to grow.
If you had moisture in the structure prior to this it could have enabled mold to develop,
newly added moisture could activate that mold into growing iininediately.
please sign that you have read the above information:
Signature: ~ --~~tt
a
~~ate: c~ ~ 9
Nationwide Insurance
Allied insurance
Nationwide Agribusiness
~~ 'rrtanlnsurance
On Your Side° Victoria Insurance
3820 109th St'` Dept 5576 * Des Moines, IA 50391-5576
February 9, 2009
Peter M. and Sarah A. Ross
890 Kirkwood St
Dubuque,lA 52001-4350
OUR INSURED: Peter M. and Sarah A. Ross
OUR CLAIM NUMBER: 72 14 20 045483 02012009 01
DATE OF LOSS: 02-01-2009
This letter is in regards to your claim for water damage to your home. In your discussion with me you
stated that the water had come into the home due to an extensive water main break for the city water line
outside of your home. As of our conversation on February 6th, 2009, the water entered the home through
the joints in the limestone foundation at or near the front of the home. The water then flowed through this
room into the lower finished room of the basement. The lower finished basement has a sump pump pit, at
the time of my inspection, there was no sump pump located in the pit. You also do not have the sump
pump endorsement 12669 on your policy, which potentially would have provided some coverage for this
loss if the water, silt, & or mud would have come up out of this area.
Your Homeowners Policy Form H03 (01/00) as amended by Endorsement 12669 (10/02) states in part:
SECTION I -EXCLUSIONS
A. We do not insure for loss caused directly or indirectly by any of the following. Such loss is excluded
regardless of any other cause or event contributing concurrently or in any sequence to the loss. These
exclusions apply whether or not the loss event results in widespread damage or affects a substantial
area.
3. Water Damage
Water Damage means:
a. flood, surface water, waves, tidal water, overflow of a body of water, or spray from any of these,
whether or not driven by wind;
b. water orwater-borne material which backs up through sewers or drains or
which overtlows or is discharged from a sump, sump pump or related
equipment; or
c. water orwater-borne material below the surface of the ground, including water which exerts pressure
on or seeps or leaks through a building, sidewalk, driveway, foundation, swimming pool, or other
structure.
Natianwide Insurance
Allied Inwranee
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Nationwide Agribusiness
Titan Insurance
On Your Side' Victoria insuranee
SECTION I -- PROPERTY COVERAGES
Under ADDITIONAL COVERAGES, the following coverage is included
15. BACK-UP OF SEWER, DRAIN OR SUMP PUMP.
We will provide coverage, up to $5,000.00 far direct loss to COVERAGE A -Dwelling and COVERAGE C
-Personal Property caused by water which backs up through sewers or drains or water which enters into
and overflows from within a sump pump, sump pump well or other type system designed to remove
subsurface water which is drained from the foundation area. This coverage does not apply if the loss is
caused by the insured's negligence.
The greater of $500 or policy deductible applies. We will not pay for loss that results from sewer back-up
or sump pump overflow that occurs within 3 days before or 5 days after "flood" on the "residence
premises".
As you stated the water entered the home due to the city water line break outside of your home, which is
not covered by this insurance policy and no payment can be considered. We regret that we cannot be of
assistance to you for this particular incident. If you have any facts or other information that would change
our coverage decision, please contact us immediately for discussion.
The Depositors Insurance Company expressly reserves all other rights, defenses, or contentions which
are available to it under Policy No. HMX 0010459277 law or otherwise and does not waive any such
rights or defenses which it now has or which may become known to it in the future.
Depositors Insurance Company, a Nationwide company
Thomas M. Reilly
Claims Department
(563)340-0529
From the desk of...
Steve Se~chert
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1670 JFK Road Dubuque, Iowa 52002-5106 (319) 556-8030