HomeMy WebLinkAbout16. 19-529 SEPTEMBER 24, 2019 19-529 RESOLUTION
(CARRIED 6-0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY GRETCHEN GOYKE
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:
Gretchen Goyke DATE OF LOSS: 07/19/2019
(for alleged damages from driving through a construction area)
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
September 10, 2019
CITY OF OSHKOSH via email
ATTN: PAM UBRIG
PO BOX 1130
OSHKOSH,WI 54903
RE: Our Claim#: WM000702661015
Date of Loss: 07/19/2019
Claimant: Gretchen Goyke,316 Foster Street, Oshkosh,WI 54902
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 Ms.Goyke in which she is asserting a claim for damage to her
vehicle when she drove over a section of road that was under construction.
Our investigation has revealed that the City of Oshkosh was not negligent or liable for this incident.
Based on our conversations with Andy Hintz,the area was under construction and it was well marked
with proper signage and cones to make drivers aware of the construction zone. He further confirmed that
the gravel ramps were in place when the workers left the construction project for the night.There were no
other complaints about the drop off in the road at this location. Therefore,in the absence of negligence
on behalf of the City,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 _
SO 1 0
CITY CLERK'S