HomeMy WebLinkAbout11. 20-368
AUGUST 25, 2020 20-368 RESOLUTION
(CARRIED__7-0____LOST________LAID OVER_________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY CATHY ANN 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:
Cathy Ann Bowen DATE OF LOSS: 12/03/2019
(for alleged injuries from falling on the sidewalk)
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
April 15, 2020
CITY OF OSHKOSH Via E-mail
ATTN: PAM UBRIG
RE: Our Claim 4: WM000702661041
Date of Loss: 12/03/2019
Claimant: Cathy Ann Bowen, 1717 Grove 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 Ms.
Bowen's Claim against the City of Oshkosh regarding the above-referenced slip and fall incident in which
she is seeking $20,000 plus out-of-pocket medical expenses.
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. The basis of this denial is that the City of Oshkosh is not
legally liable for the claimant's injuries and damages. Our investigation has revealed that there is no
negligence on behalf of the City as the City is entitled to governmental immunity for the natural
accumulation of ice and snow per Wis. Stat. 893.83. Additionally,there is the "Winter in Wisconsin"
defense in which it is our opinion the greater amount of causal negligence would be attributed to Ms.
Bowen,based on our investigation and review.
Please send your disallowance,on your letterhead, directly to the claimant at the above listed address.
This should be sent certified or registered 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.
Sincerely,
Ginger Kimpton
Senior Casualty Claims Adjuster
855-828-5515 /866-828-6613 fax
gkimptonkstatewidesvcs.com
CC: Sherrie Regenwether,Agent