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Home My WebLink AboutClaims Service Bureau of NY ET.TT. ABETH A. NEVIIJ.E TOWI~I CT,~RK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 839 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTItOLD TOWN BOARD ON DECEMBER 16, 2003: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Sul~ervisor Joshua Y. Horton to execute the "Proposal to Create & Manage Self-Insurance Proaram For AH Motor Vehicle/No Fault and General Liability Claims Toeether with all Professional Liability Claims" aareement with Claims Service Bureau of New York, Inc. dated November 7, 2003 relating to the Town's 2004 insurance, said agreement subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk ACCOLrNTING & FINANCE DEPT. John A, Cushman, Town Comptroller Telephone (631) 765~4333 Fax (63t) 765-1366 E~mall: accounting@town.southold.ny.us TOWN HALL ANNEX Feather Hill, Building 10 6~0 Traveler Street P.O. Box 1179 Southold, NY 11971-0959 TOWN OF SOUTHOLD OFFICE OF THE SUPERVISOR December 23, 2003 David G. Hutchinson Executive Vice President Claims Service Bureau of New York, Inc. 21 Hempstead Avenue P.O. Box 805 Lynbrook, NY 11563 Re: Self-Insurance Program Dear Mr. Hutchinson: Enclosed please find an executed copy of the "Proposal to Create & Manage Self- Insurance Program for all Motor Vehicle/No Fault and General Liability Claims Together with all Professional Liability Claims" agreement with the Claims Service Bureau of New York, Inc., dated November 7, 2003. We look forward to working with you. Best wishes for the holiday season. EnO. CC; Very truly yours, Town Comptroller Jon Shearin, Roy Reeve Ag/~'ncy Betty Neville, Town Clerk CLAIMS SERVICE BUREAU 21 HEMPSTEAD AVENUE P.O. BOX 805 (516) 593-2440 LYNBROOK, N.Y. 11563 (718) 895-2400 LICENSED AND BONDED STATE OF NEW YORK & CONNECTICUT OF NEW YORK INC. FAX: (516) 593-248(~ (600) 433-9631 November 7, 2003 PROPOSAL TO CREATE & MANAGE SELF I'NSURANCE PROGRAM ALL MOTOR VEHI'CLE/NO FAULT & GENERAL L~.BIL[TY CLAI'MS TOGETHER WZl'H ALL PROFESSTONAL L~AB[I..[TY ClAIMS To: Town of Southold C/o Roy Reeve Agency PO Box 54 Mattituck, New York 11952 A~: ]on Sheadn Claims Service Bureau of New York Inc., a domestic corporation, organized and existing under the Laws of the State of New York, with offices at 21 Hempstead Avenue, Lynbrook, New York, hereinafter referred to as CSB, hereby proposes to: Provide a Complete Claims Management Service for the Town of Southold, hereinafter referred to as the Client, with responsibility for all General Liability Claims, with the following services: Examine all inddent and accident reports received from the Client relative to personal injury, or property damage, and other liability claims brought against the Client. Provide necessary field and supervisory personnel to investigate, evaluate and adjust all claims on a 24 hour a day basis, 7 days a week, throughout the entire City of New York and Long Island area. Provide home telephone numbers of at least four'Claims Representatives who will respond immediately to the scene of serious accidents before and after normal business hours. INVESTIGATORS · ADJUSTERS e ADMINISTRATORS · SERVING INSURERS & SELF iNSURERS · SINCE 1959 Town of Southold '2- Meet initially and regularly thereafter with the Client and the head of each and every Department in order to coordinate the enUre Program, implement Loss Control and reporting procedures. Dudng all meetings the emphasis shall be on developing employee awareness as to the significance of a Self Insurance Program. If requested, we are able to provide a list of defense attorneys whose expertise and experience in the defense of Municipal cases we have tested over the past 44 years. We shall also provide a list of medical doctors (all spedalUes), who will be called upon to verify allegations as to injury, disability, treatment, etc. When a file is created requiring the posting of a reserve, conduct a complete investigation in accordance with the highest accepted standards of claims investigation. Said investigation shall include, but is not limited to the following: Personal or recorded statements, photos, diagrams, police and motor vehicle reports, all medical reports, hospital records and etc., verification of lost time and earnings, property damage apprai§als and reports, Central Index Bureau reports, etc. Each file will be thoroughly prepared as swiftly as possible and shall remain prepared as if liUgation were imminent. On those cases where liUgaUon has been commenced, CSB shall make available to whatever defense attorney is selected, the original copies of all investigative material and shall work closely with the defense attorney and supervise the legal handling in accordance with the claim philosophy set forth herein. We shall require the defense attorney to report regularly to the Claims Department with an analysis of all pleadings, including 50-H Hearings, EBT's and all Discovery Proceedings We shall solicit from defense attorneys their opinions concerning ultimate probable cost and value and transmit those opinions, together with our own opinions as to the value to the Client with recommendations, etc. Town of Southold -3- = 10. :1.1. :1.2. 13. Report regularly to the Client's office concerning all investigation as developed in order that the Client may keep a complete file on each open case. If, as and when authorizations are requested, the Client will have complete copies of all investigaUons, including documentation, verificaUon, etc. Review in detail all current .claims forms used by the Client and compare same with the current claims forms used by CSB for the past 44 years with a view toward utilizing those forms which will best serve the needs of the Client and CSB. Perform all cledcal work in connection with each recorded claim to include the establishment of claim files, diary systems, control registers, prepare input reports of all activity to be fed into our own computer system to provide the Client with a computerized loss run and other statistical data. During the course of negotiaUng settlements, all efforts will be made to evaluate the possibility of Structured Settlements. Upon the consummation of a settlement, General Release, and/or infant's compromise orders, together with whatever vouchers are required, will be forwarded to the Client for payment. Assume full responsibility for the reporting of claims to your Excess Uability and Umbrella Carrier in accordance with the terms of those Insurance Policies. Thereafter, periodic follow-ups by reports will be forwarded to each of your Carriers, brokers, etc. Participate in all audits of the Self Insurance Program and any and all filings required by your Insurance Companies. Town of Southold -4- All claim files and material shall be the property of the Client. The Client may exercise its right to audit any claim file or the entire Program at its discretion without notice. 15. Treat all claim files and related matedat as highly confidential. 16. Consult with the Client concerning the rules and regulaUons in dealing with outside contractors, particularly as they relate to Certificates of Insurance, naming the Client as an additional insured. 17. Institute the necessary proceedings to recover for any and all damage done to Client property as well as subrogation proceedings in New York Arbitration and Inter-Company Arbitration. 18. Coordinate the Uability Claims Program with that of Client's existing Worker's Compensation Program, making available to the representaUve under Worker's Compensation Program, the contents of our file where necessary, and assist when called upon in the third l~arty proceedings instituted by the Worker's Compensation Program, etc. 19. CSB shall process all bodily injury claims through the New York Central Index Bureau System. This is a claimant accident exchange. FEES The annual fee to include the processing of all incident reports, and the services mentioned herein above, with the exception of Section B below, shall be On all cases where formal Notice of Claim is filed, and/or cases where a need for investigation adses, each case will be handled on a time and expense basis of $65.00 per hour plus allocated expenses. Town of Southold B L NG The annual minimum fee of $1000.00 shall be billed on execution of this agreement. B= On all cases requiring investigation, CSB shall submit a separate bill on each case with the regular monthly billing when the matter is completed or an interim bill within six months after the receipt of a Notice of Claim. Any item of Allocated Expense in excess of $100.00 shall be forwarded to the Client for direct payment.* * ALLOCATED EXPENSES shall mean all court costs; fees and expenses; fees for service of process; fees to attorneys; costs of undercover operative and detective services; fees of independent adjusters or attorneys for investigation or adjustment of claims in areas not reasonably accessible to employees of CSB, cost of employing experts for preparation of maps, photographs, diagrams, chemical or physical analysis; property damage reports; physical examinations; or for advice, opinion or testimony concerning claims under investigation or in litigation; costs of civil proceedings; costs for copies of any public records; cost of depositions and court reporter or recorded statements; travel expense; telephone; telegrams; photostats; photographs, storage fees and any other similar fee cost or expense reasonably chargeable to the investigation, negotiation, settlement, subrogation or defense of a claim or loss. Respectfully submitted, CLAIMS SERVZCE BUREAU OF NEW YORK By. David G. Hutchinsoh~, Exec. V.P. N3C: gm ACCEPTED:f Town of Southold /