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City of Carroll Reaches Settlement Agreement With Former JC Penney Building Owner

The City of Carroll has reached a settlement agreement with the owners of the former JC Penney building in downtown to end pending litigation related to damages caused by a Jan. 15, 2018 water main break. The city’s insurer, the Iowa Communities Assurance Pool (ICAP), agreed to pay $175,000 to Cincinnati Insurance Company, the subrogee of Moehn Family, LLC. The suit was filed in April 2020 and was slated to go to trial in Carroll County District Court later this year. Cincinnati Insurance Company alleged in their original petition that the city failed to properly inspect and repair their water systems, resulting in an estimated $256,000 in damage to the property in question. The pending lawsuit will be dismissed by the plaintiffs upon completion of the terms in the settlement agreement.