HomeMy WebLinkAbout17. 19-530 SEPTEMBER 24, 2019 19-530 RESOLUTION
(CARRIED 6-0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY SEDGWICK, INC
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:
Sedgwick, Inc DATE OF LOSS: 02/12/2019
(for alleged damages from an incident involving their plow truck)
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.Hammon Dr.
P.O.Box 5555
Madison,WI 53705-0555
877-204-9712
September 16,2019
CITY OF OSHKOSH via email
ATTN: PAM UBRIG
RE: Our Claim#: WM00070266101 I
Date of Loss: 02/12/2019
Claimant: Medxcel
SEDGWICK,INC: PO Box 14670,Lexington KY,40512. (Claim#30192757606-0001)
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
documentation submitted by Sedgwick, Inc. in which they are submitting a subrogation claim against the
City of Oshkosh for the above-referenced incident in which the claimant's plow truck backed into the
front of the City of Oshkosh/Transit bus on 2/12/19.
Our investigation has revealed that the other driver was the majority at-fault for this accident, and the bus
driver, Sarah Gutjahr, was not liable or negligent for this accident. In fact,Ms. Gutjahr took evasive
action and attempted to avoid an accident by applying the brakes and swerving to the right when she saw
the claimant's vehicle start to back up.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 Sedgwick,Inc. at the above-listed address.
This should be sent certified or registered(restricted)mail and must be received by Sedgwick within 120
days. 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 Rom_
SEP 17 2019