Committee of the Whole

COUNCIL OF THE COUNTY OF MAUI COMMITTEE OF THE WHOLE

January 22, 2016 Committee Report No.

Honorable Chair and Members of the County Council County of Maui Wailuku, Maui, Hawaii

Chair and Members:

Your Committee of the Whole, having met on November 6, 2015, and January 12, 2016, makes reference to County Communication 15-6, from Councilmember Mike White, relating to litigation matters.

By correspondence dated October 23, 2015, the Department of the Corporation Counsel requested consideration of the possible settlement of Claim 30153984350-0001 of Farmers Insurance Hawaii, Inc., on behalf of its insured, Veronica Gray. Attached to the request is a proposed resolution, entitled "AUTHORIZING SETTLEMENT OF CLAIM NO. 30153984350-0001 OF FARMERS INSURANCE HAWAII, INC., ON BEHALF OF ITS INSURED, VERONICA GRAY," and a copy of the claim. The purpose of the proposed resolution is to authorize settlement of the claim for 11,319.14.

Your Committee notes the claim alleges damages to Veronica Gray's vehicle resulting from a collision with an unsecured park gate at Kanaha Beach Park on April 19, 2015.

Your Committee further notes Section 3.16.020(B), Maui County Code, requires Council authorization for any settlement in excess of $7,500.

By correspondence dated January 5, 2016, the Department informed your Committee the claim had been settled within the amount authorized by Section 3.16.020(B), Maui County Code, and your Committee may, therefore, file the correspondence.

Your Committee requested information about the specifics of the settlement and the parties' positions concerning liability. A Deputy Corporation Counsel noted a need to discuss aspects of the negotiations COUNCIL OF THE COUNTY OF MAUI COM IT TEE F THE LE

Committee Page 2 Report No.

in an executive meeting and requested the opportunity to convene an executive meeting to respond to your Committee's questions.

Your Committee voted to convene an executive meeting, closed to the public, to consult with legal counsel on questions and issues pertaining to the powers, duties, privileges, immunities, and liabilities of the County, the Council, and the Committee, pursuant to Section 92-5(a)(4), Hawaii Revised Statutes.

Following the executive meeting, your Committee reconvened in regular session.

Your Committee voted 6-0 to recommend filing of the communication transmitting the proposed resolution to authorize the settlement of the case. Committee Chair Guzman and members Baisa, Cochran, Couch, Hokama, and White voted "aye." Committee Vice-Chair Crivello and members Carroll and Victorino were excused.

Your Committee of the Whole RECOMMENDS that the correspondence dated October 23, 2015, from the Department of the Corporation Counsel, attached hereto, be FILED.

COUNCIL OF THE COUNTY OF MAUI CO .Pk, ITTEE OF Y T JH

Committee Page 3 Report No.

This report is submitted in accordance with Rule 8 of the Rules of the Council.

DON S. GUZMAN, Chair cow:cr:16001(27)aa:cmn

ALAN M. ARAKAWA PATRICK K. WONG Mayor Corporation Counsel

EDWARD S. KUSHI First Deputy

LYDIA A. TODA Risk Management Officer Tel. No. (808) 270-7535 DEPARTMENT OF THE CORPORATION COUNSEL Fax No. (808) 270-1761 COUNTY OF MAUI 200 SOUTH HIGH STREET, 3RD FLOOR WAILUKU, MAUI, HAWAII 96793 EMAIL: [email protected] 3z] TELEPHONE: (808) 270-7740 m FACSIMILE: (808) 270-7152 0 rn

October 23, 2015 0

MEMO TO: Donald S. Guzman, Chair Committee of the Whole

F R 0 M: Moana M. Lutey, Deputy Corporation Counsel

SUBJECT: Litigation Matters (COW-1) Settlement of Claim - Farmers Insurance Hawaii, Inc. on Behalf of Its Insured, Veronica Gray

Pursuant to Section 3.16.020B of the Maui County Code, our department hereby requests authorization to discuss settlement of the aforementioned claim. It is anticipated that an executive session may be necessary to discuss questions and issues pertaining to the powers, duties, privileges, immunities, and liabilities of the County, the Council, and the Committee. There is no immediate deadline to this matter.

Copies of the claim and proposed resolution are enclosed. We request that a representative from the Department of Parks & Recreation be in attendance during discussion of this matter. If you have any questions, or concerns, please do not hesitate to contact me.

MML:cs Enclosures

cc: Ka'ala Buenconsejo Resolution

No.

AUTHORIZING SETTLEMENT OF CLAIM NO. 30153984350-0001 OF FARMERS INSURANCE HAWAII, INC., ON BEHALF OF ITS INSURED, VERONICA GRAY

WHEREAS, Farmers Insurance Hawaii, Inc., filed Claim No. 30153984350-0001 on May 13, 2015, against the County of Maui for damages to Veronica Gray's vehicle resulting from a collision with an unsecured park gate at Kanaha Beach Park on April 19, 2015; and

WHEREAS, Veronica Gray is insured for such damage by Farmers Insurance Hawaii, Inc.; and

WHEREAS, Farmers Insurance Hawaii, Inc., as subrogee of this claim, has alleged that the County of Maui is liable for the expenses paid by Farmers Insurance Hawaii, Inc.; and

WHEREAS, the County of Maui and Farmers Insurance Hawaii, Inc., to avoid incurring expenses and the uncertainty of a judicial determination of the parties' respective rights and liabilities, have reached a proposed resolution of this claim by way of a negotiated settlement; and WHEREAS, having reviewed the facts and circumstances regarding this matter and being advised of attempts to reach resolution of this claim by way of a negotiated settlement by the Department of the Corporation Counsel, the Council wishes to authorize settlement; now, therefore, BE IT RESOLVED by the Council of the County of Maui: Resolution No.

1. That it hereby approves settlement of Claim No. 30153984350- 0001 in the amount of $11,319.14; and 2. That payment is authorized to satisfy settlement of this claim following the execution of the "Release of Claim" by Farmers Insurance Hawaii, Inc.; and 3. That certified copies of this Resolution be transmitted to the Mayor, the Director of Finance, the Director of the Department of Parks and Recreation, and the Corporation Counsel.

APPROVED AS TO FORM AND LEGALITY:

OANA TEY puty oration Counsel C ∎ unty of M ui RISK - 2015-0250 DANNY A. MATEO JOSIAH K. NISHITA County Clerk Deputy Courtly Clerk

OFFICE OF THE COUNTY CLERK COUNTY OF MAUI 200 SOUTH HIGH STREET WAILUKU, MAUI, HAWAII 96793 w ww.mauicourrty_gov/con n ty/clerk

May 18, 2015

Sedgwick Claims Management Services, Inc. Via email: 6395CountycfMaulAsedgwickcrns.com

Attn: Unit Code 99

Respectfully transmitted is a copy of a claim against the County of Maui

filed by Domenick Lero, from 21st Century Insurance, which was received by our

office on May 13, 2015,

Respectfully,

JOSIAH K. NISHITA Deputy County Clerk

Attachment

cc: Mayor Corporation Counsel Council Chair

/lks

/9,1 P>ni 519sa one101 60201.5059000264.1 COUNTY OF MAUI RECEIVED MI5 MAY CLAIM FOR DAMAGE OR INJURY 13 pm 5: 09

PLEASE PRINT CLEARLY qrFite aff THE —1 Ms, E Farmers Ins Hawaii Inc aso -43k 1. 1 . Claimant: Mr, C Mrs. Ilk K 2. Address: P 0 BOX 268994 Oklahoma City, OK 73126 Claim # 3003180930-1 3. Telephone No.: Business 909-801'3370 Residence Ilia 4. Date of Accident 04/19/2015 @ 15:04 pm 5. Location of Accident: Alahao St, Kahului, HI 96732 @ Kanaha Beach Park 6. Amount of Claim: Property Damage $ 10,761.65 Personal Injury S 10,761-66 7. Describe the accident in detail. Indicate all the facts, causes, persons involved, witnesses, extent of damage, etc., and why you think the County is responsible. You may write on the back if needed. Our insured was exiting the parking lot at Kanaha Beach Park, a yellow metal gate (OW-1) swung open striking the front of our insured's vehicle.

8. If you carry insurance applicable to this claim, please provide the name and address of the insurance company and your policy number. Farmers Insurance Hawaii Inc Claim # 303180930-1

Policy No. A. Did you file a claim with your insurance company? If yes, amount claimed $ 10,761.65 Deductible amount $ 10,761.65 B. If a claim was filed with your insurance company, what action do they intend to take? Pursue subrogation for damages paid for

I HEREBY DECLARE THAT THE FOREGOING STATEMENTS ARE TRUE AND CORRECT.

05/07/2015 (Signature of Claimant) (Date) fek.- (Rev. 05/11/95) (friZi /P7 6W-4- PVC

5/20/2015 301539843500001 5o2017nnn9ral Incident/Investigation Report Agency luIPD Case Nemiser, 15-016199 Dale: 4/29/2015 10:32:06

Incident Information DattiTioas Reports's! Dote/Time Found Dater-Mut Pound - Offices- 0,1i19t20t5 15:04 04I912015 15:04 04/19/3015 15:04 (13968) TAUA, WILLIAM-CHARLES 14 Incident Loudon Mahan St, Kahului, HI 96732 Location Gam ow: ; @KANATIA BEACH PARR

Charges . ... Description Statute VCR 0 Att 1 MuWAT" 'MOTOR VEHICLE ACCIDENT-MINOR <53K NO INJURY talVA,MINOR 999 rZI Corn Aisolue, Drugs sr Cconputtra Used Lansaw! nTi Prvnises Enteout Forted Entry Weaptras 0 AkAs,1 0 Drugs 0 Compu PARKING LOOGA.RAGE 0 I'm 0 No I. Entry Esti 'Grunion, Activity 2. 1 Bias :sloticallas [Diu Taxgel 'Dias Cirtotattances Duct Group

• VietiniS - Seq.it Type Iniusies Resldsacy Suites Ethreiciti 1 INDIVIDUAL No kesideat Non-Hispania Nautu(l...A. First, M) Kee Sex DOB Age GRAY, VERONICA CAROL W F 0110..1

Add... llama MOM: On) Employes Bust:Adams Occupation lettairken Mae HAIKU ELEMENTARY SCHOOL Via Int.:NCI PAL (608) 575-3000 %lents of Crimes Drevree Lisease SS. Cellular oe I

Rrpare..aifex Pealed at: 4!2912015 1632 Page I 43 This report was papered. t gned. reviewed, submitted, and fled elecfrourenuy vie secure networkinecoord with Maui Pace Department palsy,

5/20/2015 301539843500001 6020150520002643 Incident/Investigation Report Agency: ivlPD Case Number: 15016/99 Dme: 4/29/2015 10:32;06

Other Persons Involved

Name Coda Srai. 0 Nan{ (Last, First, hit) Eats Sex DOD Owner 1 COUNTY OF MAUI . Address ., HOose ?tons 200 S MOH ST. WAlLU KU, HI 56743 EmpkynNalne/Aoldress Oecupazios &Warn Mac / GOVT lorarasto tompaary Poky Number Expiration Dote Driver's Wogs* ColMar Ptah*

Vehicles

Seq. Y Year Cohn. Style Make Mudd 1 2447 GREY RUGGED TILL, SPORT HONDA ELEMENT kiti License Platt Typo Licrose / Stott license Year Owner 536YH I 0767101076 REGULAR PED944 / HI 0 FARREL!, VERONICA CAROL Status Slam Dote Value

VottideNotes REGISTERED OWNER: Listed above

INSURANCE CO.; Farmers Insurance POLICY NO.; M."1936-39-17 E:XP, DATE: 07/01/2015

Report: r Ittirijrs Printed ad; 4,29441514:34 Page 2 0(3 This rapol was prepared. signed, reviewod, submittal, ald feed electronically via semire network In accord wit' Maul Ponca Department policy.

5/20/2015 301539843500001 grv)nicnnnn-,e,l, Incident/Investigation Report Agency: M pp Case Number: 15-016199 Date: 4/29/201510x2:06

Synopsis Whi'e , Veronica GRAY, was traveling and exiting the parking lot at Kaneha Beach Park, a yellow metal gate (OW-I) swung open striking the front of DR-I. GRAY believes that the wind swung the gate open since there was no one around. The damage is described as front end damage to the vehicle. Damages estimated under 53,000 dollars. GRAY was not injured due to the collision and there are no injuries observed. D&D Tow arrived on scene to tow the vehicle.

Continuation

Report: r telt:Wks Printed se 4f2912615 tfe32 Pagr 3 of 3 "f ft report was prepared, a• suhrnote4, and Mod eiectraricaPy via Secure r.etwch in accord with Maul Peflos Department policy.

5/20/2015 3019s.eP.dlcnonni Toll Free: (888) 244-6163 Email: myclairn(g2lst,com National Document Center Mt Century P.O. Box 268992 insurance Oklahoma City, OK 73126-8992 Fax: (877) 217-1389

mail Deliver :

From rnychi*)21st.corn/ Date: Mon, Aug 3, 2015 @ 4:32 PM. Subject: FARMERS INSURANCE HAWAII, INC. 3003180930-1-5 Self Insured To: [email protected],

08/03/2015

Self Insured Attn: Office Of The City Clerk-county Of Maui 200 S. High St Room 708 Wailulcu, HI 96793

Our Insured: Veronica Gray Our Claim #: 099 SUB 3003180930-1 Date of Loss: 04/19/2015 Your Insured: County Of Maui Your Claim #: Deductible Amount: $250.00 Loss of Use Amount: $0.00 Total Amount Owed: $11319.14

Dear Office Of The City Clerk-county Of Maui:

Our insured's vehicle was rendered a total loss and salvage has now sold. We have incurred additional salvage fees in the amount of $291.90. We have added this amount to the original demand making the amount owed to us $11319.14.

Please send payment to:

National Document Center PO Box 268992 Oklahoma City, Ok 73126

Sincerely,

Susan Chalukian NR4S1GQB Auto Subrogation Representative

D & D TOWING'

H Roan 2-11 FAX 871.7377 Service

;•,,i 7 HONG ELEMENT EX GRAY , -

. ; ...;•,. ,It :1 436485 A Advance CI; rget i

!4-4 0 Meietk' U. t 1 LOC 10.712 MILEAGE 1 RF-JaON FOR TOW

it-f,& ■ ___ I ,.. • I E. ; nr4I) I )= 1 t.,.: .7. h.): , -It LW,. :: • .1 l). %Ai . .., . I r-: trellitc,:5-rr- 1.11 i'l ro,,,..../,.....:t2

TYPE Of TC.ii - TOWER PER ORDER OF P_ PMEtiT ■ .... F,,...,:5 ,-,;,:;1 TI ,t: .1: ;;;L%- i.o_tf ;L: f,K ..1. Ll;$. i":= IR*: ...7.--4,gr. EV.:"..i• =,,,V...v , -,1^....;;,--41., K..7,-ICL • ,..;t::: ,....k"2 • "V--,,SF._ :FT . ; ._ ..:::."..7cii, ';.,:.f_s:::..b.i.: I , „: E.,•-=..1..e, VV_,i1C1..E TCrATD TO TM,/ LI-V,R:3•E D cA.Vj arre Vit..v,K. ,o....-...nzl --i F ,_ AT rt;:n.... 13 STOR E FROLI RC.,;,.0 r.r.,...EAN up

- AciS 0.i-ir■AG .

E; EY,TFAI, PLTOJN• : .. C.4.SH ":;HZ.,..S. 'ff:', 'r? :_...._ ___ . - SPECIAL f'i, .. :7,7 skoPm kur

: CREL41 CA,r-10 .1. 14.; ;. :I ).,,t,4 :-", .v..ti,y _ , 1.1.P.C.A CitotAng .

e,TORA.S.

Pa.r.,..... Sufi. TOTAL. .:. D.,: t, TAX TOTAL •

64.4 r`,471P;iS. 1://- ; 4/ ri 4.41r; 5tur! 0114 . NET 30 DAYS

NR4S1GQB

Invoice Display

Lot #:22436485

Go to Lot Disotay: Lots 22436485 New Search

COPART AUTO AUCTIONS Date 8/03/15 91-542 AWAKUMOKU ST KAPOLEI, HI 96707 Visit us at www.copart.com PHONE (808) 682-8770 All Amounts are in USD TAX ID# 942867490 FINAL INVOICE Copart Lot# 2243648S 110 HI - HONOLULU Loss Date 4/19/15 Called In 4/24/15 P/u Cleared 4/24/15 CR85 PIP004A Pickup Date 4/24/15 CLAIMS MANAGER original Title 5/01/15 21ST CENTURY INSURANCE CO Trans Title 6/22/15 P.O. BOX 770 sale Document 7/02/15 ATTN: GEORGETTE MEYER Loss Type OTHER COMPREHENSIVE HONOLULU, HI 96808 Description 07 HOND ELEMENT EX GRAY vehicle ID# 5J6YH18767L001076 Claim# 3003180930-1-1 License#/ST MMZ643 HI Policy# UNKNOWN Mileage 123,287 Loss Code 0TH Pickup From D&D TOWING Reference# 2000 MOKULELE HWY Insured VERONICA GRAY WAILUKU, HI 96793 Owner VERONICA GRAY (808) 871-1185 ADVANCE CHARGES PAID BY COPART TOW SERVICE 412.50 LABOR 120.00 STORAGE 125.00 TAX 27.40

TOTAL ADVANCE CHARGES 684.90 COPART SERVICE CHARGES SUB LOT BILLING 265.00 SUBLOT/AFFILIATE FEES SUB LOT BILLING 42.00 SUBLOT STG 7/8 - 7/13

TOTAL COPART SERVICE CHARGES 307.00 TOTAL DUE COPART 991.90 PROCEEDS FROM SALE 700.0008 *Sold via Internet Bid* PREVIOUS PAYMENTS FROM COPART 291.90CR

NET DUE COPART .00 COPART PAYMENTS DETAIL COPART CHECK# 47334667 07/21/15 380.90CR COPART CHECK# 58109522 07/28/15 89.00 COPART AUTO AUCTIONS Date 8/03/15 91-542 AWAKUMOKU ST KAPOLEI, HI 96707 visit us at PHONE (808) 682-8770 All Amounts are in USD TAX ID# 942867490 FINAL INVOICE Copart Lot# 22436485 110 HI - HONOLULU Loss Date 4/19/15 Called In 4/24/15 P/U Cleared 4/24/15 CR85 PIP004A Pickup Date 4/24/15 CLAIMS MANAGER Original Title 5/01/15 21ST CENTURY INSURANCE CO Trans Title 6/22/15 P.O. BOX 770 Sale Document 7/02/15 ATTN: GEORGETTE MEYER Loss Type OTHER COMPREHENSIVE HONOLULU, HI 96808 Description 07 HOND ELEMENT EX GRAY Vehicle ID# 536YH18767L001076 Claim# 3003180930-1-1 License#/ST MMZ643 HI PD1iCy# UNKNOWN Mileage 123,287 Loss Code 0TH Pickup From D&D TOWING Reference# 2000 MOKULELE HWY Insured VERONICA GRAY WAILUKU, HI 96793 Owner VERONICA GRAY (808) 871-1185 SALE INFORMATION Lot# 22436485 Sold To 725074 MOISES HUMBERTO BARRAZA GALAV sale Date 7/15/15 JAVIER MINA 7302 Sale Amount 700.00 TIJUANA, B) ACV 10709.00 (664) 397-6654 Return 6.5% Item# 1 Invoice Date 7/28/15 Cert# SALVAGE CERTIFICATE Invoice Amount .00 USD Payment From Buyer 7/17/15 REMIT TO: COPART 4610 WEST AMERICA DRIVE Reported To NICE 7/17/15 FAIRFIELD, CA 94534

Display as PDF

NR4S1GQB Copyright@ 1998 - 2015 Copart, Inc. - http://www.cooart.com Privacy Pclicv

Copart Access Is a service for Registered Copart Sellers. Copart Access and the Copart Auction System (CAS) represent proprietary, technologies protected by law. Misuse or abuse of any kind will result In membership revocation and possible criminal prosecution. Copart is not responsible for inaccuracies in data reported by CAS and the Copart Access system. The user assumes all risk of data loss and errors.

NR4S1GQB

MARKET VALUATION REPORT

7r-7;47-""'

Owner: Veronica Gray Report Reference Number: 54613458 Insured: Veronica Gray Claim Reference: 3003180930-1-1 Loss Vehicle: 2007 Honda Element 4X2 EX 4 Adjuster: Ada Collision, Appraisa Door Sport Utility Vehicle USW#: ADSHI VIN: 5,16YH18767L001076 Claim Submitted Date: 04/22/2015 Odometer: 123,287 Date/Time Last Updated: 04/27/2015 02:14 PM Location: Haiku, HI 96708 Appraiser: Shinyama, Ann Loss Incident Date: 04/19/2015

Base Vehicle Value $ 10,650.00 This CCC ONE TM Market Valuation Report was Condition Adjustment 96.00 prepared for Farmers Insurance Hawaii, Inc. by CCC Refurbishments + 155.00 Information Services Inc. The CCC ONEThi Market • Valuation Report reflects CCC's opinion as to the value Adjusted Vehicle Value $ 10,709.00 of the loss vehicle. CCC has been preparing market Vehicular Sales Tax value reports for the insurance industry since 1981. License/Fees (if applicable) The. Base Vehicle Value is derived from comparable vehicle(s) available or recently sold in the marketplace Total at the time of valuation, with adjustments:made to reflect the loss vehicle configuration.

2 comparable vehicle(s) were utilized in this report.

The loss vehicle has been valued in the Southwest region where it was garaged as a older truck with 54% greater than average mileage of 80,200.

CCC ONE®

Owner: Veronica Gray Claim Reference: 3003180930-1-1

Allowances are factors influencing the value of the loss vehicle when compared to a typical vehicle. The typical vehicle is a vehicle of the same year make, and model as the loss vehicle, including average mileage, and all standard and predominant equipment. These allowances are displayed for illustrative purposes only.

The Base Vehicle Value is calculated from the comparable vehicles with adjustments to reflect the loss vehicle configuration.

Vehicle Allowances Odometer 123,287 - 1,141.00 Options Auxiliary Audio Connection Reported + 72.00 Satellite Radio Reported + 96.00 Luggage/Roof Rack Reported 32.00

•-• ICLE HISTORY SUMMARY

1 Collision 04/24/2015 CCC VINguard® Estimates Experian® AutoCheck® No Title Problem Found Insurance Services Organization/ 2 Records Found National Insurance Crime Bureau National Highway Traffic Safety 4 Recalls Administration

2007 HONDA ELEMENT 4X2 EX 4 DOOR SPORT UTILITY VEHICLE - HAIKU, HI 96708 VIN: 5J6YH18767L001076 Below are the components of the loss vehicle, provided to CCC by Farmers Insurance Hawaii, Inc., included in this valuation.

Odometer 123,287 AM Radio Standard FM Radio Standard

Transmission Stereo Standard Automatic Transmission Standard Search/Seek Overdrive Standard CD Player Standard Steering Wheel Touch Standard Power Controls Power Steering Standard Auxiliary Audio Connection Power Brakes Standard Satellite Radio Power Windows Standard Wheels Power Locks Standard Aluminum/Alloy Wheels Standard Power Mirrors Standard Safety/Brakes Power Trunk/Gate Standard Release Drivers Side Air Bag Standard Standard Decor/Convenience Passenger Air Bag Standard Air Conditioning Standard Anti-Lock Brakes (4) 4-Wheel Disc Brakes Standard Tilt Wheel Standard Standard Cruise Control Standard Front Side Impact Air Bags Rear Defogger Standard Head/Curtain Air Bags Standard Intermittent Wipers Standard Traction Control Standard Console/Storage Standard Stability Control Standard Overhead Console Standard Exterior/Paint/Glass .. _ Keyless Entry Standard Dual Mirrors Standard

Seating Privacy Glass Standard -- • - --•-- --V-. •• Cloth Seats Standard Luggage/Roof Rack Captain Chairs (2) Rear Window Wiper Standard • -•'. • Clearcoat Paint Radio

Owner: Veronica Gray Claim Reference: 3003180930-1-1

Farmers Insurance Hawaii, Inc, uses condition inspection guidelines to determine the condition of key components of the loss.vehicle. These guidelines are based upon geographic region, age, and vehicle type. The guidelines describe physical characteristics for the major vehicle components. Based on these guidelines, Farmers Insurance Hawaii, Inc. has determined the condition of the vehicle prior to the loss. Inspection Notes reflect additional observations from the appraiser regarding the loss vehicle's condition. CCC makes dollar adjustment§ that reflect the impact the reported condition has on the value of loss vehicle. These dollar adjustments are based upon interviews with dealerships across the United States.

Farmers Insurance Hawaii, Inc. also identifies the after factory options and upkeep dollars invested into the loss vehicle that were brought to its attention. CCC makes dollar adjustments that reflect the impact these items have on the resale value of • the vehicle, not the replacement value of these items. Maintenance work done to the loss vehicle may not necessarily add to the value of the loss vehicle.

COMPONENT CONDITION VALUE IMPACT Mechanical Normal wear $0 INSPECTION NOTES:

Body/Glass Normal wear $0 INSPECTION NOTES:

MULTIPLE PANELS, MULTIPLE DOOR DINGS.

Paint Major wear - $96 INSPECTION NOTES:

MULTIPLE PANELS, MULTIPLE SCRATCHES.

Interior Normal wear $0 INSPECTION NOTES:

SEATS LIGHTLY SOILED.

Tires Normal wear $0 INSPECTION NOTES:

FRONT TIRES 10/32, REAR TIRES 10/32.

Total Adjustments: $59

ccc

Owner: Veronica Gray Claim Reference: 3003180930-1-1

• - t

2007 HONDA ELEMENT 4X2 EX 4 DOOR SPORT UTILITY VEHICLE -- HAIKU, HI 96708 VIN: 5„16YH18767L001076 Vehicles sold in the United States are required to have a manufacturer assigned Vehicle Identification Number N1N). This number provides certain specifications of the vehicle, Decoding the V1N, using VINguard® identifies the vehicle for which vehicle value will be determined.

Insurer Description VINguard® Analysis Year 2007 2007 Make Honda Honda Model/Trim Element 4X2 EX Element 4X2 EX Model Number YH187 YH187 Body Style 4 Door Sport Utility Vehicle

Engine 4-2.4LH 4-2.4l-Fi Transmission Automatic Transmission Overdrive AT Restraints Air Bags (Driver+Pass.) Air Bags(Dr +Pass.+Side) Curb Weight 3,433 This vehicle was assembled in U.S.A.

• rt.

Using the VIN for this vehicle,,VINguardO detected discrepancies Or prior history requiring additional reseawn. Please review the information detailed below. VINguard® Messages: VINguard has decoded this VIN without any errors. ISO Vehicle History: Number of times reported to ISO: 2 ISO's file number: H0227082796 Activity Reported: Property & Casualty Loss date: 04/19/2015 Insurance company: Farmers Insurance Exchange Phone: (808) 543-1323 Claim ref: 300318093011 Point of Impact: Activity Reported: Property & Casualty Loss date: 11/20/2011 Insurance company: A527 Phone: Unavailable Claim ref: 1401269917 Point of Impact:

Owner: Veronica Gray Claim Reference: 3003180930-1-1

Collision History Information: COLLISION INCIDENT REPORTED BY FARMERS INSURANCE HAWAII,INC. ON 04/24/2015. Claim #: 3003180930-1 -1 IN HAIKU, HI Repair Estimate: $8,142 Miles: 123287 Damage FRONT. Location:

CCC provides Farmers Insurance Hawaii, Inc. information reported by Experian® regarding the loss vehicle. This data is provided for informational purposes. Unless otherwise noted in this Market Valuation Report, CCC does not adjust the value of the loss vehicle based upon this information. REPORT RUN DATE: 04/27/2015 KEY: = No Event Found = Event Found = Information Needed :41", TITLE CHECK - EVENT CHECK . E CREHCKS OUT. AutoChecks result for this - C: AutoCheck shows 2007 Honda Element 4X2 EX (5,16YH187671001076) a clean record for this 2007 Honda Element 4X2 EX show no significant title events. When found, events often (5J6Y1-118767L001076). For some cars, past vehicle indicate automotive damage or warnings associated with the information may give an indication of excessive wear and tear, vehicle. such as police cars or taxi use. EVENTS CHECKED RESULTS FOUND EVENTS CHECKED RESULTS FOUND Abandoned n No Abandoned Record Found Accident No Accident Record Found Damaged n No Damaged Record Found Corrected Title No Corrected Title Record Found Fire Damage • No Fire Damage Record Found Driver Education No Driver Education Record Found Grey Market No Grey Market Record Found Duplicate Title n No Duplicate Title Record Found Hail Damage No Hail Damage Record Found Emissions Safety No Emissions Safety Inspection Inspection Record Found Insurance Loss No Insurance Loss Record Found No Fire Damage Incident Record Fire Damage Incident Junk No Junk Record Found Found Rebuilt ME No Rebuilt Record Found Lease No Lease Record Found Salvage O No Salvage Record Found Lien No Lien Record Found EVENT CHECK Livery Use No Livery Use Record Found 3 OUT, AutoCheck's result for this Government Use No Government Use Record Found Element 2007 Honda 4X2 EX (5J6YH187671_001076) Police Use No Police Use Record Found show no historical events that indicate a significant automotive problem, These problems can indicate past previous car Fleet No Fleet Record Found damage, theft, or other significant problems. Rental No Rental Record Found EVENTS CHECKED RESULTS FOUND No Fleet and/or Lease Record Fleet and/or Lease NHTSA Crash Test No NHTSA Crash Test Vehicle Found Vehicle Record Found No Fleet and/or Rental Record Fleet and/or Rental Frame Damage ',"; No Frame Damage Record Found " - Found No Major Damage Incident Record Major Damage Incident Repossessed No Repossessed Record Found n Found Taxi use No Taxi use Record Found Manufacturer Buyback/ No Manufacturer Buyback/Lemon • Lemon Record Found Theft 0 No Theft Record Found No Odometer Problem Record Odometer Problem :6 Found Recycled n No Recycled Record Found Salvage Auction Iv No Salvage Auction Record Found Water Damage .0 No Water Damage Record Found

Owner: Veronica Gray Claim Reference: 3003180930.1-1

k--; ODOMETER CHECK

For this 2007 Honda Element 4X2 EX (5J6YH18767L001076) no indication of odometer rollback or tampering was found. AutoCheck determines odometer rollbacks by searching for records that indicate odometer readings less than a previously reported value. Other odometer events can report events of tampering, or possible odometer breakage. DATE REPORTED ODOMETER READING 2006-11-03 20

FULL HISTORY REPORT RUN DATE: 04127/2015 Below are the historical events for this vehicle listed in chronological order. Event Date Event Location Odometer Reading Data Source Event Detail 2006-11-03 HONOLULU, HI 20 Motor Vehicle Dept. TITLE 2006-11-03 HONOLULU, HI Motor Vehicle Dept. TITLE 2006-11-03 HAIKU, HI Motor Vehicle Dept. REGISTRATION EVENT/RENEWAL 2007-09-25 HONOLULU, HI Motor Vehicle Dept. TITLE 2007-09-25 HAIKU, HI Motor Vehicle Dept. REGISTRATION EVENT/RENEWAL 2009-01-09 HONOLULU, HI Motor Vehicle Dept. TITLE 2009-01-09 HAIKU, HI. Motor Vehicle .Dept, REGISTRATION EVENT/RENEWAL 2009-10-29 HONOLULU, HI Motor Vehicle Dept. TITLE 2009-10-29 HAIKU, HI Motor Vehicle Dept. REGISTRATION EVENT/RENEWAL 2010-10-06 HONOLULU, HI Motor Vehicle Dept. TITLE 2010-10-06 HAIKU, HI Motor Vehicle Dept. REGISTRATION EVENT/RENEWAL 2011-09-28 HONOLULU, HI Motor Vehicle Dept. TITLE

2011-09-28 HAIKU, HI Motor Vehicle Dept. REGISTRATION. EVENT/RENEWAL 2011-10-17 HONOLULU, HI Motor Vehicle Dept. TITLE 2011-10-17 HAIKU, HI Motor Vehicle Dept. REGISTRATION EVENT/RENEWAL 2012-08-30 Manufacturer MANUFACTURER RECALL 2012-09-27 HONOLULU, HI Motor Vehicle Dept TITLE 2012-09-27 HAIKU, HI Motor Vehicle Dept. REGISTRATION EVENT/RENEWAL 2012-11-02 HAIKU, HI Motor Vehicle Dept TITLE 2012-11-02 HAIKU, HI Motor Vehicle Dept. REGISTRATION EVENT/RENEWAL 2013-09-21 HAIKU, HI Motor Vehicle Dept. TITLE 2013-09-21 HAIKU, HI Motor Vehicle Dept. REGISTRATION EVENT/RENEWAL 2014-08-01 Manufacturer MANUFACTURER RECALL 2014-09-03 Manufacturer MANUFACTURER RECALL 2014-09-28 HAIKU, HI Motor Vehicle. Dept. TITLE 2014-09-28 HAIKU, HI Motor Vehicle Dept. REGISTRATION EVENT/RENEWAL 2015-03-05 HAIKU, HI Motor Vehicle Dept. TITLE 2015-03-05 HAIKU, HI Motor Vehicle Dept. REGISTRATION EVENT/RENEWAL

AUTOCHECK TERMS AND CONDITIONS: Experian's Reports are compiled from multiple sources. It is not always possible for Experian to obtain complete discrepancy information on all vehicles; therefore, there may be other title brands, odometer readings or discrepancies that apply to a vehicle that are not reflected on that vehicle's Report. Experian searches data from additional sources where possible, but all discrepancies may not be reflected on the Report.

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Owner: Veronica Gray Claim Reference: 3003180930-1-1

The National Highway Traffic Safety Administration has issued 4 safety related recall notices that may apply to the above valued vehicle.

NHTSA ID: 14V351000 ISSUED: NO. OF VEHICLES: 0 Air bags American Honda motor company, inc. (Honda) is conducting a limited regional recall for certain model year 2001-2007 Accord (4-cylinder), 2001-2002 Accord (V6), 2001-2005 Civic, 2002-2006 CR-V, 2003-2011 element, 2002-2004 Odyssey, 2003-2007 pilot, 2006 ridgeline, 2003-2006 Acura MDX, and 2002-2003 TL/CL Vehicles originally sold, or ever registered in Alabama, Florida, Georgia, Hawaii, Louisiana, Mississippi, South Carolina, Texas, Puerto Rico and the U.S. virgin Islands, and equipped with takata-brand air bag inflators. Upon deployment of the Driver side frontal air bag, excessive internal pressure may cause the inflator to rupture. In the event of a crash necessitating deployment of the Driver side frontal air bag, the inflator could rupture with metal fragments striking and potentially seriously injuring the Vehicle occupants. Honda will notify owners, and Dealers will replace the inflators in all affected Vehicles, free of charge. The manufacturer has not yet provided a notification schedule. Owners may contact Honda Customer service at 1-800-999-1009.

NHTSA ID: 12V436000 ISSUED: 09/20/2012 NO. OF VEHICLES: 5,216 Trailer hitches Honda is recalling certain model year 2007 through 2011 element passenger Vehicles equipped with an accessory trailer hitch wiring harness. The wire that supplies power to the trailer turn signal lights was inadvertently switched with the stop lamp wire. As a result the turn signals only illuminate when the brake lamps are illuminated. This does not comply with the requirements of Federal motor Vehicle safety standard no. 108, "lamps, reflective devices, and associated equipment." without trailer turn signal illumination, the Driver's intent is not communicated, potentially increasing the risk of a crash. Honda will notify owners, and Dealers will repair the Vehicles free of charge. The safety recall began on September 20, 2012. Owners may contact Honda at 1-800-999-1009.

NHTSA ID: 11V395000 ISSUED: NO. OF VEHICLES: 1,512,107 Power train:Automatic Transmission:Control module (tom, pcm) Honda is recalling certain model year 2005-2010 Accord, 2007-2010 CR-V, and 2005-2008 element passenger cars manufactured from July 1, 2004, through September 3, 2010. The outer race of the secondary shaft bearing may be broken during certain driving styles. A broken outer race may cause abnormal noise, the malfunction indicator light to turn on, and allow contact between the Transmission idle gear and an electronic sensor housing within the Transmission. This could result in a short circuit causing the Engine to stall. Additionally, broken pieces of the outer race or ball bearing from the secondary shaft may become lodged in the parking pawl resulting in the Vehicle rolling after the Driver has placed the gear selector in the Park position. Engine stall and unexpected Vehicle movement increases the risk of a crash or personal injury to persons within the path of a rolling Vehicle. Honda will notify owners and Dealers will update the automatic Transmission control module software free of charge. The safety recall is expected to begin on or about August 31, 2011. Owners may contact Honda automobile Customer service at 1-800-999-1009.

NHTSA ID: 10V098000 ISSUED: NO. OF VEHICLES: 412,000 Service brakes, air Honda has notified NHTSA of a defect in certain model year 2007 and 2008 Odyssey and element passenger Vehicles manufactured between July 28, 2006 and August 21, 2008. Air can enter the vsa modular pump during an initial self-check process that occurs shortly after each time the Engine is started. It is possible for enough air to enter the system to result in a brake pedal that feels soft or lower to the floor. If the owner does not have any brake service or maintenance performed over a period of months or years, the system can continue to accumulate enough air to affect braking performance, increasing the risk of a crash. Honda will notify owner and Honda Dealers will repair the vsa modulator by removing any existing air in the brake system then apply sealant and caps to prevent air from entering the brake system free of charge. The safety recall is expected to begin during may 2010. Owners may contact Honda at 1-800-999-1009.

LOSS VEHICLE - 2007 HONDA ELEMENT 4X2 EX 4 DOOR SPORT UTILITY VEHICLE — HAIKU, HI 96708 VIN: 5J6YH18767L001076

L YS V E. HiCk_ INSPECTED DEALER DEALER VEHICLE 2007 HONDA COMPARABLE 1 COMPARABLE 2 ELEMENT 4X2 EX 2007 HONDA 2007 HONDA 4 DOOR SPORT ELEMENT 4X2 SC ELEMENT 4X2 LX UTILITY VEHICLE 4 DOOR UTV 4 DOOR UN 4-2AL-FI 4-2.4L 4-2.4L Options Automatic Transmission ✓ Overdrive ✓ Power Steering ✓ ✓ Power Brakes ✓ Power Windows ✓ ✓ Power Locks Power Mirrors Power Trunk/Gate Release Air Conditioning ✓ Tilt Wheel Cruise Control Rear Defogger ✓ Intermittent Wipers Console/Storage Overhead Console Keyless Entry ✓ Wood Interior Trim Cloth Seats Bucket Seats ✓ Captain Chairs (2) AM Radio FM Radio ✓ ✓ Stereo V Search/Seek X CD Player V Steering Wheel Touch ✓ Controls Auxiliary Audio Connection Satellite Radio Wheel Covers Aluminum/Alloy Wheels ✓ Drivers Side Air Bag ✓ ✓ Passenger Air Bag ✓ ✓ Anti-Lock Brakes (4) ✓ 4-Wheel Disc Brakes ✓ ✓

Yr, r7,

Front Side Impact Air ✓ Bags Head/Curtain Air Bags Xenon Headlamps Alarm ✓ x Traction Control ✓ ✓ Stability Control ✓ Dual Mirrors ✓ ✓ Privacy Glass ✓ ✓ Luggage/Roof Rack X Rear Window Wiper Clearcoat Paint x Miles 123,287 75,261 124,855 List Price $14,995 $8,995 Take Price $14,995 Adjustments Model/Trim/Year -1,100 +1,400 Options -66 -121 Mileage -1,315 +26 Comparable Vehicle -751 -751 condition adjustment Adjusted Value $11,763 $9,549 Dealership Servco Lexus Honda Windward Contact Allan Young Telephone 808-545-3987 808-247-8522 Stock ID Stock: 460615 Stock: 30377A VIN 5J6YH18927L009127 Type/Date Last Inspected Pub Date 4/20/2015 12/31/2014 Distance from Haiku, HI 104 Miles - 103 Miles - Honolulu, HI Kaneohe, HI

> Comparable vehicles used in the determination of the Base Vehicle Value are not intended to be replacement vehicles but are reflective of the market value. List Price is the sticker price of an inspected dealer vehicle and the advertised price for the advertised vehicle.Take Price is the amount that the dealership has stated it will accept to sell the inspected dealer vehicle. For advertised vehicles, the Advertised Price is the same as List Price. > Take Price or List Price displayed above (as applicable) may differ from the advertised price where CCC obtains different price information from the seller. The Comparable Vehicle Condition Adjustment sets that vehicle to a common condition baseline. To see how the condition of the loss vehicle impacts the valuation, see the Vehicle Condition section of this report. Comparable vehicles used in the determination of the Base Vehicle Value are not intended to be replacement vehicles but rather are included because they are reflective of the market value. The Adjusted Value represents the price of the comparable vehicle with the adjustments displayed above. Dollar adjustments are based upon market research. > Distances displayed indicate approximate miles between loss and comparable vehicle locations. Distances are based upon a straight line between these locations.

Owner: Veronica Gray Claim Reference: 3003180930-1-1

> Some comparable vehicles that were recently available may no longer be available.

Farmers Insurance Hawaii, Inc. has provided CCC the VIN (Vehicle Identification Number) of the loss vehicle and the vehicle owner's zip code, which determine the market(s) that CCC used in the valuation. Using this information, CCC searches its databases to find comparable vehicles in these markets. CCC's database includes vehicles for sale at dealerships that CCC has physically inspected, as well as dealer and private party advertised vehicle information from numerous resources including AutoTradercom®. Farmers Insurance Hawaii, Inc. has also provided CCC with the configuration of the loss vehicle, including equipment, odometer, condition, maintenance, etc. Vehicles located are compared to the loss vehicle, and adjustments are made for differences such as model/trim, equipment, and odometer. The comparable vehicles are also adjusted for condition to a common condition baseline. Using the adjusted values of the comparable vehicles, CCC calculates the Base Vehicle Value.

The Base Vehicle Value is the weighted average of the adjusted values of the comparable vehicles based on the following factors: > Source of the data (such as inspected versus advertised) Similarity (such as equipment, odometer, and year) Proximity to the loss vehicle's primary garage location Recency of information Comparable vehicles used in the determination of the vehicle value are not intended to be replacement vehicles, but are reflective of the market value.

The Adjusted Vehicle Value is determined by adjusting the Base Vehicle Value to account for the actual condition of the loss vehicle and its other reported attributes, if any, such as refurbishments, after factory equipment, and unrelated prior damage.

Please review the information in this Valuation Detail to confirm the reported mileage, condition and to verify there are no missed options, added equipment or refurbishments, or other aspects of the loss vehicle that may impact the value.

We have added the following standard options to the loss vehicle: Power Trunk/gate Release, Overdrive The following information was provided after the valuation was completed: 04/27 14:13 A refurbishment was added after valuation. 04/27 14:14 Extended Condition Adjustments changed after valuation. Any person who knowingly presents a false or fraudulent insurance claim for the payment of a loss may be guilty of a crime and may be subject to fines and confinement in state prison. Statutes concerning vehicle value include Hawaii statute 2-24-431:10C-III.

Owner: Veronica Gray Claim Reference: 3003180930-1-1

The loss vehicle has been identified to CCC as a 2007 Honda Element 4X2 EX 4 Door Sport Utility Vehicle garaged in the ZIP code 96708 - Haiku, HI. Details of the specific markets searched based upon that information follow.

THE STATE OF HAWAII is subdivided by CCC into 4 markets. The following 4 markets were used in the preparation of this vehicle Market Valuation Report.

MAUI ISLAND HI - In this market, CCC maintains a database of 699 dealer advertised, and 146 privately advertised vehicles taken from 5 local papers or magazines.

HONOLULU HI - In this market, CCC maintains a database of 2,660 inspected dealer vehicles located at 14 dealerships, and 10,201 dealer advertised, and 381 privately advertised vehicles taken from 19 local papers or magazines.

KAUAI ISLAND HI - In this market, CCC maintains a database of 45 dealer advertised, and 39 privately advertised vehicles taken from 3 local papers or magazines.

HILO HI - In this market, CCC maintains a database of 145 dealer advertised, and 145 privately advertised vehicles taken from 6 local papers or magazines.

From these 4 markets, comparable vehicles were selected based on the year, make, model/trim and body style of the loss vehicle.

Claim Reference Id: 3003180930-1-1 File Name: PHOTO5 File Date: 04/22/2015 Label: Note: Owner:VERONICA,GRAYIStyle:2007,HOND,ELEMENT 4X2 EXIInsured:VERONICA,GRAYILossDate:04/19/2015po licyNumber:0009363917IClaimRepresentative:IZU Photo Location: Photo Taken By: Ann Shinyama Estimate Indicator: E01 No Label

Claim Reference Id: 3003180930-1-1 File Name: PHOTO6 File Date: 04/2212015 Label: Note: OwnerVERONICA,GRAYIStyle:2007,HOND,ELEMENT 4X2 EXIInsured:VERONICA,GRAYILossDate:04/19/2015IPo licyNumber:0009363917IClaimRepresentative:IZU Photo Location: Photo Taken By: Ann Shinyama Estimate Indicator: E01 '..;;;:.:;;;',...!"...... , •••i:E..,„:",-"•:."..".•-•.• „..„...... „,....;...;:i....7.:75,:.,..-..i.,

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Claim Reference Id: 3003180930-1-1 File Name: PHOTO7 File Date: 04/22/2016 Label: Note: Owner:VERONICA,GRAYIStyle:2007,HOND,ELEMENT 4X2 EXIInsured:VERONICA,GRAYILossDate:04119/20151Po licyNumber:0009363917IClaimRepresentative:IZU Photo Location: Photo Taken Sy: Ann Shinyama Estimate Indicator: E01 No Label

Claim Reference Id: 3003180930-1-1 File Name: PHOTOS File Date: 04/22/2015 Label: Note: Owner:VERONICA,GRAYIStyle:2007,HOND,ELEMENT 4X2 EXIInsured:VERONICA,GRAYILossDate:04/19/20151Po licyNumber:00093639171ClaimRepresentative:IZU Photo Location: Photo Taken By: Ann Shinyama Estimate Indicator: E01