HomeMy WebLinkAbout12. 20-421 OCTOBER 13, 2020 20-421 RESOLUTION
(CARRIED 6-0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY CHRISTOPHER REINKE
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:
Christopher Reinke DATE OF LOSS: 8/17/2020
(for alleged damages to his vehicle from a pothole)
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.
1241 John Q. Iiammons Dr.
P.O, Box 5555
Madison, WI 53705-0555
877-204-9712
September 29, 2020
CITY OF OSHKOSH
ATTN: PAM UBRIG
via email
RE: Our Claim #: WM000702661070
Date of Loss: 08/17/2020
Claimant: Christopher Reinke, 19 E. Linwood Ave. 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 Mr. Reinke in which he is alleging he sustained damage to his 2018
Subaru Impreza when he drove over a pothole on Wisconsin Street on August 17, 2020. It should be
noted that the specific loss location is not known. According to Mr. Reinke, the incident occurred on
Wisconsin Street south of Murdock Avenue
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 received
no prior complaints of potholes on Wisconsin Street between New York Avenue and Murdock Avenue.
Furthermore, Andy Hintz and Kevin Uhen were not aware that this specific pothole would have caused
damage to vehicles. 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. 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 Claims Adjuster
855-828-5515 / 866-828-6613 fax
gkimpton a�statewidesvcs.com
CC: Sherri Regenwether, Agent