HomeMy WebLinkAbout20. 19-582 NOVEMBER 12,2019 19-582 RESOLUTION
(CARRIED X LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY PROGRESSIVE INSURANCE
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:
PROGRESSIVE INSURANCE ON BEHALF OF LINDSAY&MICHAEL DOBBS
(for alleged damage from a city vehicle) DATE OF LOSS: 10/16/2018
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.
STATE OF WISCONSIN )
COUNTY OF WINNEBAGO ) SS
CITY OF OSHKOSH )
I,PAMELA R.UBRIG,City Clerk for the City of Oshkosh,Winnebago County,Wisconsin,do
hereby certify that the foregoing resolution(19-582)is a true and correct copy of the original on file
in my office,adopted by the Common Council of the City of Oshkosh,Wisconsin at the meeting held
on November 12,2019.
Witness my hand and the Corporation seal of the City of Oshkosh,Wisconsin.
DATED: November 13,2019
City Clerk of the City of Oshkosh,
Winnebago County,Wisconsin
Statewide Services, Inc.
Claim Division 1241 John Q. Hammons Dr.
P.O. Box 5555
Madison,WI 53705-0555
877-204-9712
October 16, 2019
CITY OF OSHKOSH Via E-mail
ATTN: PAM UBRIG
PO BOX 1130
OSHKOSH,WI 54903
RE: Our Claim 4: WM000702661024
Date of Loss: 10/16/2018
Claimant: Lindsay and Michael Dobbs
Insurance: PROGRESSIVE,ATTN: RICHARD BERLAN
PO BOX 512929,LOS ANGELES, CA 90051
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
Progressive's subrogation claim dated 10/3/2019 in which they are alleging that a City of Oshkosh
vehicle driven by Shane Anderson struck their insured's parked vehicle on October 16, 2018.
Please be advised that I am recommending that the City of Oshkosh deny this claim pursuant to the
Wisconsin Statute for Disallowance of Claim 893.80(lg). The disallowance of this claim will shorten the
statute of limitations period to six months. Based on my review of this alleged claim,the police report
indicates that our driver did not cause the damage to the claimant's vehicle. According to the police
report,Mr. Anderson denies hitting the claimant's vehicle, as does his witness (another city worker in a
vehicle behind him). Additionally,the officer did not see any paint transfer on the City vehicle.
Furthermore,this claim is untimely as per Wis. Stat. 893.80(la)which requires Notice of Circumstances
of a claim against a municipal entity must be reported within 120 days of the alleged incident.
Progressive's first report of this incident to the City of Oshkosh is almost one year after the incident,
which prejudices us from being able to investigate the alleged incident properly.
Please send your disallowance,on your letterhead, directly to PROGRESSIVE at the above listed address.
This should be sent certified or registered mail and must be received by PROGRESSIVE within 120 days
after you received their claim (10/15/2019). Please send me a copy of the Notice of Disallowance for my
file.
Sincerely,
Ginger Kimpton
Senior Casualty Claims Adjuster
855-828-5515 / 866-828-6613 fax
._kimimptonkstatewidesvcs.com
CC: Sherri Regenwether,Agent