WASHINGTON —
In the ongoing mess to clean up and fix the Bennington Levee, the Daviess County Commissioners and Council may have to sue its insurance provider.
In a joint meeting Tuesday morning, the commissioners unanimously voted to retain attorney Bruce Smith, along with county attorney Grant Swartzentruber, for future litigation against the county’s liability insurer, HCC.
Although the county currently settled a portion, it is also in litigation with three individuals and an insurance company for the breach of the Bennington Levee.
“That doesn’t mean a lawsuit will be filed, but we have the authority to if necessary,” Smith said.
The attorneys, after a meeting, said the insurer was not going to pay for a potential personal injury claim against the county.
“We’ve got a letter back from our insurance carrier saying there is an exclusion in our insurance policy that doesn’t cover the claim,” Smith said.
“We may have to file what is called a declaratory judgment against our own insurance company.”
A notice for the claim, Swartzentruber said, was sent to the county last year.
Paul Williams, the county’s insurance agent with the Hastings/Williams Agency, confirmed the county was denied coverage of that specific claim. No other information on the claim was available, but the county wants to be ready in case there is a lawsuit.
“We’re not conceding liability, but if we are liable, we want the insurance company to cover,” Smith said. “We’re not buying the insurance company’s argument.”
The vote taken at Tuesday’s meeting is the latest in a string of legal action following the March 2011 levee break.
Last Tuesday, the commissioners and council accepted $445,000 from three residents and a construction company for a breach on the north side of the levee. Monday, the Bennington Levee Committee voted to accept the funding.
But the county is still suing defendants Don Villwock, Randall Brown, Cindy Lamar and Shepard Construction for the breach on the south side of the levee the county had to make to keep water from flooding portions of Maysville.
Smith said no negotiations have been scheduled for a settlement of the south breach, but they are waiting for construction bids to see what the costs will be. There are estimates up to $2 million.
A message was left with a representative of HCC, but Williams said the company may not be aware of possible legal action.
“Policies can be interpreted in several different ways. The county has elected to hire an independent attorney to look at the language,” Paul Williams said.
According to its website, HCC is a international insurance group with offices in the United States, the United Kingdom, Spain and Ireland.
Local News
2nd lawsuit may be necessary in levee fight
- Local News
-
-
Police Report
CITY REPORT
10:59 p.m. — A complainant at Westwood Place Apartments reported finding a basket of clothing and other clothing articles scattered in front of some of the buildings. -
Farmers feeling crunch of wet planting season
Area farmers are feeling the crunch to get crops into the ground as soon as possible. Wet conditions have halted many of the planting days in the last week. Just five days were suitable for planting as the soil remains too wet in much of the southern portion of the state.
-
DCH announces safety upgrade
For most students, improving a school grade from an F to a C is quite an improvement.
-
Area Briefs
SAFS activities for next week
Monday — Closed for Memorial Day
Tuesday — Golden Living Center bingo, 10 a.m. -
Loogootee graduation scheduled for Friday
Loogootee Junior/Senior High School will hold its 2013 graduation exercises at 7 p.m. today.
-
Police Report
CITY REPORT
Thursday2:19 p.m. - Debbie Fields, 520 S.E. Second St., reported that her black moped was taken from her residence. The moped had been padlocked.
-
Refugee overcomes barriers to graduate WHS
Seh Reh, like many who has come to Washington as a Burmese refugee, found life in his new home daunting. The language was so intimidating that he dropped out of high school in 2010.
-
Pike Central to hold graduation
Pike Central High School will hold its 38th commencement exercises at 7:30 p.m. Friday in the high school gymnasium.
-
Closings for Memorial Day
The following are area closings for the Memorial Day holiday Monday:
-
North Daviess still facing budget cuts
Members of the state legislature gave schools a two percent increase but North Daviess Community Schools Superintendent Robert Bell said the corporation will still get funding cuts over the next four years.
- More Local News Headlines
-
Police Report
Mayor: Person Killed in San Antonio Flooding
Raw: Apple 1 Computer Sells for More Than $650k
Hagel Urges Cadets to End Scourge of Sex Assault
Raw: Gay Rights Activists March in Ukraine
Bus Fire Kills 16 Children, Teacher in Pakistan
Raw: Pakistan Election Results Protested
Raw: Trucker Bumps I-5 Bridge Before Collapse
Raw: Texas Deputy Shot by Colo. Suspect Honored
Major Detours Following Wash. Bridge Collapse
American Held in Grisly Czech Murders
Raw: Jersey Shore Reopens for Summer
UK-bound Pakistan Plane Diverted, 2 Men Arrested
Officials: Tsarnaev Friend Linked to Slaying
Obama:Sexual Assault Threatens Trust in Military
Bridge Collapse Survivor: 'Rough Day'
Jersey Shore Open for Business
Raw: Memorial Day Flags Placed at Arlington
New Wheelchair Lift Promises More Access
First Person: Mom Discusses Famous Tornado Photo
Raw Video: Washington State Bridge Collapse
