HomeMy WebLinkAbout17. 20-406 SEPTEMBER 22, 2020 20-406 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY SANDRA BENEDICT
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:
Sandra Benedict DATE OF LOSS: 6/17/2020
(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
September 11,2020
CITY OF OSHKOSH via email
ATN: PAM UBRIG
PO BOX 1130
OSHKOSH,WI 54903
RE: Our Claim 4: WM000702661068
Date of Loss: 06/17/2020
Claimant: Sandra Benedict,N1749—37t'Ave, Berlin,WI 54923
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 Ms. Benedict in which she allegedly tripped and fell at/near 805 N.
Main Street on June 17, 2020.
Our investigation has revealed that the City of Oshkosh is not negligent for this incident as a municipality
has no liability unless it knew, or should have known,of the existence of the condition and had
reasonable amount of time to repair the condition. Our investigation revealed that the City has an active
sidewalk rehabilitation program and that the location in question (North Main Street)was inspected and
marked for replacement in early June, 2020 (prior to the alleged date of loss), and the area and slab of
sidewalk where the claimant allegedly fell was replaced in August. Therefore, in the absence of
negligence on behalf 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 (August 20, 2020). 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