12-13-1978 Council Agenda - Laserfiche WebLink

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OERICK P. HEMMER lan.DON V CARwtLI. C(.AYnC)N PARKS...R. BRUCE L. SEC.( cAlemmet, (9nsw -eaL, Patks f7 Beak ATTORNEYS AT LAW 1500 WHITE BEAR AVE.. BT. PAUL, MINNESOTA 5510E P, ONE 774.0731 November 10, 1978 Town and Country Claims Service 4660 West 77th Street Minneapolis, Minnesota 55435 RE: Policy No. #MDR 8838508 File: 35642 Policy Holder: Centennial Contractors Corporation Claimant: Homer Dole Date of Loss: 7/1/78 Gentlemen: ar,211WD Nov F.3 1916 CITY OF LITTLE CANADA As City Attorney for the City of Little Canada I have been asked to respond to your letter addressed to Mr. Homer Dole dated November 1, 1978. You state in paragraph two of your letter that the basement collapse was caused by hydrostatic pressure resulting from the heavy rainfall immediately preceding the collapse. There was never any question in anyone's mind that the collapse was caused by the water. No one has contended that the direct cause was the vibration coming from the compactor. The entire theory of negligence is based on the fact that Centennial Contractors Corporation removed the asphalt curbing which otherwise would have directed the rainfall where it belonged but because of the removal of the curbing which constituted a lateral support or buffer protecting Mr. Dole's property, the water was permitted to flood on to his lot and satuate the ground next to his structure. It was the excess of water coming off of the roadway and finding its way into his yard that caused the collapse. The officials of the City of Little Canada are very dissatisfied and not a little chagrined at the way this claim is being handled. The City is also insured by the Home Insurance Company and if this is the manner in which claims are going to be handled they are certainly going to take a good long look at their insurance needs when the time rolls around again to select an insurer. We respectfully request, therefore, that this claim be reconsidered in the light of the above mentioned fact situation and further contact by your claim service be made with Mr. Dole. We are not asking for any favors but we are asking for fair, honest handling of our claims. I would appreciate it very much if you would acknowledge receipt of this letter so that the undersigned might apprise the City officials.