HomeMy WebLinkAbout05. 20-429 OCTOBER 27, 2020 20-429 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY PROGRESSIVE INSURANCE
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:
Progressive Insurance on behalf of Kelly John DATE OF LOSS: 7/10/2020
(for alleged vehicle damage 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
October 12, 2020
CITY OF OSHKOSH via email
ATTN: PAM UBRIG
RE: Our Claim#: WM000702661075
Date of Loss: 07/10/2020
Claimant: Kelly John
Progressive: PO Box 512929,Los Angeles CA 90051
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
Progressive's subrogation claim documentation in which they are seeking reimbursement for a claim they
paid for their insured,Kelly John,who allegedly drove over a pothole at Main Street near Citgo gas
station on or about July 10, 2020.
Our investigation has revealed that the City of Oshkosh was not negligent or liable for this incident as it
appears the contractor did not have the proper permit to complete the work in the city's right of way.
Additionally,the area was not properly marked with cones or barricades. According to city officials,the
contractor is responsible for barricading and marking the area when working in the city's right of way.
Based on our investigation,we believe liability rests with the contractor,D.R. Hansen Plumbing &
Heating. Therefore, in the absence of negligence and liability 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 Progressive at the above listed address. This
should be sent certified or registered(restricted)mail and must be received by Progressive within 120
days after you received the subrogation 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