HomeMy WebLinkAbout22. 19-461 AUGUST 13, 2019 19-461 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY DAVID STAMBORSKI
INITIATED BY: LEGAL DEPARTMENT
WHEREAS, the following claim has been referred to the City's insurance carrier
which has recommended disallowance.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the proper City officials are hereby authorized and directed to disallow the
following claim against the City of Oshkosh:
David Stamborski DATE OF LOSS: 07/03/2019
(for alleged damages to his vehicle from driving through a construction zone)
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to inform the
claimant by certified mail of the disallowance and the fact that the claimant has six months
from the date of service to appeal.
BE IT FURTHER RESOLVED that the City Clerk is directed to send a copy of this
resolution and notice of disallowance to the appropriate insurance carrier for the City of
Oshkosh.
Statewide Services, Inc.
Claim Division 1241 John Q.Hammons Dr.
P.O.Box 5555
Madison,WI 53705-0555
877-204-9712
July 26, 2019
CITY OF OSHKOSH
ATTN: PAM UBRIG via email
PO BOX 1130
OSHKOSH,WI 54903
RE: Our Claim#: WM000702661012
Date of Loss: 07/03/2019
Claimant: David Stamborski, 1009 Grand Street, Oshkosh WI 54901
Dear Ms. Ubrig:
Statewide Services,Inc. administers the claims for the League of Wisconsin Municipalities Mutual
Insurance,which provides the insurance coverage for the City of Oshkosh.We are in receipt of the
"Claim"documentation submitted by Mr. Stamborski in which he is asserting he sustained damage to the
tires on his vehicle when he drove through a construction area on Oregon Street on July 3,2019.
Our investigation has revealed that the City of Oshkosh was not negligent or liable for this incident as this
occurred in a construction area in which the general contractor of the project was PTS Contractors Inc.
Based on our investigation,the only involvement the City has in this project is the funding and oversight.
Additionally,the claimant indicated that he"did not know what caused the blowouts". Therefore,in the
absence of negligence on behalf of the City of Oshkosh, and because the cause of damage is unknown, we
recommend that the City of Oshkosh disallow this claim pursuant to the Wisconsin Statute for
disallowance of claim 893.80(1g).The disallowance of the claim in this manner will allow us to shorten
the statute of limitations period to six months.
Please send the disallowance, on your letterhead,directly to the claimant at the above listed address.This
should be sent certified or registered(restricted) mail and must be received by the claimant within 120
days after you received the claim. Please send me a copy of the Notice of Disallowance for my file.
Thank you.
Sincerely,
Ginger Kimpton
Senior Casualty Claims Adjuster
855-828-5515/866-828-6613 fax
gkimpton@statewidesvcs.com
CC: Sherri Regenwether,Agent
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