HomeMy WebLinkAbout17. 20-282 JUNE 23,2020 20-282 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY WINNEBAGO COUNTY
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:
Winnebago County DATE OF LOSS: 01/10/2020
(for alleged damages to their garage door from an ambulance)
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.
SP Late ide Services, Inc.
Claim Division 1241]ohn Q.Hammons Dr.
P.U.Box 5555
Madison,W153705-0555
877-204-9712
March 17,2020
CITY OF OSHKOSH via email
ATTN:PAM UBRIG
PO BOX 1130
OSHKOSH,WI 54903
RE: Our Claim#: . WM000702661034
Date of Loss: 01/20/2020
Claimant: Winnebago Co Sheriff's Office,Attn: Captn. Lara Vendola-Messer
4311 Jackson Street,Oshkosh WI 54901
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 Captain Vendola-Messer at the Winnebago County Sheriff's Office
regarding damage to one of their overhead doors that they allege was caused by a City of Oshkosh
ambulance on January 20,2020.
Based on our investigation,we find no liability or negligence on behalf of the City of Oshkosh for this
incident as our investigation has revealed that the sensors,which would have prevented the overhead door
from coming down onto the ambulance,were not working at the time of the incident. We have
photographs and video surveillance to support this, including a pre-sense sensor on the overhead door that
has been disconnected,and several loose wires. Therefore, in the absence of negligence and liability on
the part of the City,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
gkimpton@statewidesves.com
CC: Sherri Regenwether,Agent