HomeMy WebLinkAbout19. 19-581 NOVEMBER 12, 2019 19-581 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM WATER CITY PROPERTIES
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:
Water City Properties DATE OF LOSS: 06/12/2019
(for alleged damages from the Police Department during entry)
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
November 4, 2019
CITY OF OSHKOSH via email
ATTN: PAM UBRIG
PO BOX 1130
OSHKOSH,WI 54903
RE: Our Claim 4: WM000702661021
Date of Loss: 06/12/2019
Claimant: Water City Properties,Attn: Eric Schlichting
5377 Inlet Court, Omro WI 54963
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. Schlichting in which he is claiming damage to a door at 605
Washington Avenue.
Our investigation has determined there is no negligence on behalf of the City of Oshkosh,the Oshkosh
Police Department or the Oshkosh police officer(s)for this incident. Based on the incident report and the
reason for the no-knock search warrant, it appears that the Oshkosh police were justified in breaching the
door, and therefore,the police officers would be entitled to discretional immunity. Therefore, in the
absence of negligence and with the applicability of immunity,we recommend that the City of Oshkosh
disallow this claim pursuant to the Wisconsin Statute for disallowance of claim 893.80(lg). 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
._kimimptonkstatewidesvcs.com
CC: Sherri Regenwether,Agent