HomeMy WebLinkAbout11. 20-347
AUGUST 12, 2020 20-347 RESOLUTION
(CARRIED___6-0___LOST________LAID OVER_________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY TYLER BAUMANN
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:
Tyler Baumann DATE OF LOSS: 06/26/2020
(for alleged damages to his motorcycle from running over a piece of metal)
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.
Ro. Box 5555
Madison,WI 53705-0555
877-204-9712
July 22, 2020
CITY OF OSHKOSH via email
ATTN: PAM UBRIG
PO BOX 1130
OSHKOSH,WI 54903
RE: Our Claim 4: WM000702661058
Date of Loss: 06/26/2020
Claimant: Tyler Baumann, 339 N.Westhaven Dr. Apt P106, Oshkosh WI 54904
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. Baumann in which he is asserting he sustained property
damage to his motorcycle when he drove over a piece of metal at/near Oshkosh Avenue on June 26, 2020.
Our investigation has revealed that the City of Oshkosh was not negligent or liable for this incident as the
City did not have prior notice of the condition which allegedly caused this incident. City officials were
not aware of this prior to June 26, 2020. Additionally,it is unknown where the piece of metal came from.
Therefore, in the absence of negligence and absence of notice of the condition 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 Adjuster
855-828-5515 /866-828-6613 fax
gkimptonkstatewidesvcs.com
CC: Sherri Regenwether,Agent