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April 16, 2002 <br />Liberty Mutual Fire Insurance Company <br />6575 Snowdrift Road, #101 <br />Allentown, PA 18106 <br />Attention: Ms. Michele Drumheller <br />RE: Principal: <br />City of Colton <br />Incident: <br />8/29/01 <br />Claimant: <br />Ola Nicholas <br />Our File: <br />28596SA <br />Y/File: <br />PD660-1763020-01 <br />Dear Ms. Drumheller: <br />We have now completed our investigation into the circumstances of your subrogation <br />claim. We have learned there was no pothole in this area. While there was a section of <br />the roadway that had been broken at the edge, there was still eleven feet of roadway. It is <br />the City's position that had your insured stayed within the lane instead of the edge, she <br />would not have incurred any damage. Further, the City had no notice of this broken area <br />prior to your insured's incident. Therefore the City of Colton has no legal liability for <br />your insured's damages. <br />We have recommended denial of your claim and the City will be sending you formal <br />notice soon. <br />Please feel free to contact our office if you have any questions. <br />Very truly yours, <br />C WARREN & COMPANY <br />gid Cl. <br />Sandra Alford <br />SA:ib <br />Cc: City of Colton <br />CARL WARREN & CO. <br />CLAIMS MANAGEMENT • CLAIMS ADJUSTERS <br />P.O. Box 6205 - San Bernardino, CA 92412 <br />Phone: (909) 884-8669 - (800) 762-3216 - Fax: (909) 888-4888 <br />Website: http://www.carlwarren.com <br />