HomeMy WebLinkAbout12. 20-369
AUGUST 25, 2020 20-369 RESOLUTION
(CARRIED___7-0___LOST________LAID OVER_________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY KAREN BOWEN
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:
Karen Bowen DATE OF LOSS: 7/10/2020
(for alleged vehicle damages from a piece of concrete in the road)
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
August 5, 2020
CITY OF OSHKOSH
ATTN: PAM UBRIG via email
PO BOX 1130
OSHKOSH,WI 54903
RE: Our Claim 4: WM000702661060
Date of Loss: 07/10/2020
Claimant: Karen Bowen, 1305 Huron Court, 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 Ms.
Bowen's claim for damage to the right front tire and rim of her vehicle when she struck a piece of
concrete in the roadway at/near N. Main Street on July 10, 2020.
Our investigation has revealed that the City of Oshkosh was not negligent or liable for this incident as
D.R. Hansen Plumbing &Heating had been working on a"private"lateral connection at this location,and
it doesn't appear the contractor had the proper permit to complete the work in the City's right of way.
According to City officials,the contractor is responsible for barricades and marking the area when
working in the City's right of way. Therefore,based on the information available to us,we believe
liability rests with the contractor,D.R. Hansen Plumbing &Heating.We have sent a letter to the
contractor putting them on notice for this claim. In the absence of negligence 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
._kimimptonkstatewidesvcs.com
CC: Sherri Regenwether,Agent