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Home My WebLink AboutA4456 - STATE OF PENNSYLVANIA INSURANCE SETTLEMENT AGR • • Ins Co of the State of PA Settlement Agr AGREmcNT #4456 M07025, 3-6-00 RELEASE I. PARTIES The parties to this release are INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA (hereinafter"ISOP") and THE CITY OF PALM SPRINGS (hereinafter"THE CITY"). II. RELEASE 1. FOR AND IN CONSIDERATION of the sum of Fifty-Five Thousand Sixty Dollars and twenty-nine cents ($55,060.29),THE CITY, on behalf of itself, its agents, servants, and employees,hereby releases and forever discharges ISOP,its agents, servants, successors, employees, shareholders,officers,directors,trustees,partners, associates,independent contractors,affiliates, and subsidiaries, of and from any and all liability, claims, actions, causes of actions, demands, rights, damages, costs, attorney fees, loss of services, expenses and compensation whatsoever, which THE CITY now has or which may hereafter accrue to THE CITY against ISOP or against any such agents, servants, successors, employees, shareholders, officers, directors, trustees, partners, associates, independent contractors, affiliates, and subsidiaries under ISOP Policy No. BE 4296-4719 arising out of or in any way connected with claims made in the actions entitled "Sandra Lee Dunham. plaintiff vs City of Palm Springs et al defendants," United States District Court for the Central District of California, Case No. CV 99-1092 AFIM, "Sandra Lee Dunham,plaintiff vs City of Palm Springs et al defendants,"Riverside County Superior Court, Case No. INC 012375, and"Rita R. plaintiff vs City of Palm Springs, et al., defendants," United States District Court for the Central District of California, Case No. EDCV 01-30 RT (collectively the "Actions"). In this conriection, Page I of 4 I THE CITY specifically releases ISOP from paying any additional amotuits for defense or indemnity, including attorney fees and costs, in connection with or arising out of said Actions and the claims made therein. 2. In addition, THE CITY hereby releases and forever discharges ISOP, its agents, servants, successors, employees, shareholders, officers, directors, trustees, partners, associates, independent contractors, affiliates and subsidiaries of and from any and all claims, actions, causes of action, demands, rights, damages, loss of services, expenses, attorney fees and compensation whatsoever which THE CITY now has or which may hereafter accrue to THE CITY on account of or anyway growing out of any and all damages and the consequences thereof,resulting or to result from ISOP's investigation, evaluation or handling of the above-referenced Actions and the disbursements, settlements and other conduct in connection with the above-referenced Actions, including but not limited to the breach of any of promise, oral or written, or the breach of any duty grounded in law or in contract. 3. It is expressly understood by the parties that the Release herein applies only to matters arising out of the Actions and to no other matter brought by persons not a party to the Actions even if the claims are similar to the claims made in the Actions. 4. It is widerstood and agreed that this release is of a disputed claim,and that the payments made are not to be considered as an admission of liability or coverage on the part of ISOP and that ISOP denies liability and intends merely to avoid litigation and by its peace. 5. All rights under § 1542 of the Civil Code of California and any similar law of any State or territory of the United States are hereby waived. Such section reads as follows: Page 2 of 4 "A general release does not extend to claims which the creditor does not know or suspect to exist in its favor at the time of executing the release, which if known by him must have materially affected the settlement with the debtor." 6. THE CITY covenants and agrees that it will not,at any time hereafter,initiate, maintain or prosecute, or in anyway knowingly aid in the initiation, maintenance or prosecution of any claim,demand, or cause of action at law or otherwise, against ISOP for damages, loss or injury of any kind arising out of or in anyway connected with the Actions. THE CITY farther agrees that this release may be pled as a full and complete defense to, and may be used as the basis for, an injrmction against any action, suit or other proceeding which may be instituted, prosecuted, or attempted contrary to the terms of the release given herein by THE CITY. 7. THE CITY will indemnify and save ISOP harmless from any loss, claim, expense, demand or cause of action of any kind or character through the assertion by any stranger hereto of a claim or claims in connection with the matters herein released by THE CITY, and from any loss incurred directly or indirectly by reason of the falsity or inaccuracy of any representation herein made by THE CITY. 8. THE CITY hereby agrees that it will not make the terms of this release public absent a specific public information or document request being made to THE CITY. 9. THE CITY declares that no promise, inducement or agreement not herein expressed has been made and that this release contains the entire agreement between the parties hereto, and that the terms of this release are contractual and not a mere recital. Page 3 of 4 ATTEST: B " City Clerk APPROVED AS TO FORM: By: --- ty-Attorney CITY OF PALM SPRINGS, a municipal corporation By: �° City Manager FOR YOUR PROTECTION California law requires the following to appear on this form: Any person who knowingly presents false or fraudulent claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison. H:\JWAGONCR\WP\AIG\PalmSpnngs\Mulual-Release wpd Page 4 of 4