HomeMy WebLinkAbout19. 19-532 SEPTEMBER 24, 2019 19-532 RESOLUTION
(CARRIED 6-0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY ATTORNEY GEORGE CURTIS
ON BEHALF OF NANCY SCHROEDER
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:
Attorney George Curtis on behalf of Nancy Schroeder DATE OF LOSS: 4/5/2019
(for alleged accident with a city bus)
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
877-2049712
September 6,2019
CITY OF OSHKOSH/GO TRANSIT
ATTN: PAM UBRIG via email
RE: Our Claim#: WM000702660992 and WM000702661009
Date of Loss: 04/05/2019 and 2/28/2019,respectively
Claimants: 'Nancy L. Schroeder,600 Merritt Ave.#616, Oshkosh WI 54903
Patricia E. Hanson, 1015 S. Washburn St. Rm. 116, Oshkosh WI 54904
Attorney: Apex Accident Attorneys, LLC.Atm: George W. Curtis
3475 Omro Road, Ste. 200, Oshkosh WI 54903
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 and Oshkosh Go Transit. We are in receipt of the
Notice of Claims Attorney Curtis submitted for his clients Nancy L. Schroeder(date of loss 4/5/19) and Patricia
E. Hanson(date of loss 2/28/19)both in the amount of$150,000 for the above-referenced claims.
As part of our investigations,we have attempted to interview the claimants for these incidents,but Attorney
Curtis has not allowed his claimants to speak to us.I spoke with him today and explained that now that he has
presented a Notice of Claim, we will need to speak to his clients so we can get their versions of the incidents. I
also requested supporting documentation such as medical bills and medical records. Attorney Curtis said he will
not let his clients speak to us, and he will not provide medical records or bills to us. He said his only purpose for
filing these Claims is to have them disallowed so he can file a lawsuit.Therefore,I am recommending that the
City of Oshkosh disallow these claims pursuant to the Wisconsin Statute for disallowance of claim 893.80(1g).
The disallowance of these claims in this manner will allow us to shorten the statute of limitations period to six
months.
Please send the disallowances,on your letterhead, directly to the claimants at the above listed addresses, and also
send a copy to Attorney George Curtis.These should be sent certified or registered(restricted)mail and must be
received by the claimants 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 Adjuster
855-828-5515/866-828-6613 fax
gkimpton@statewidesvcs.com
CC: Sherri Regenwether, Agent RECEIVED
SEP 092019
CITY CLERIC's OFFICE