HomeMy WebLinkAbout06. 20-455 NOVEMBER 24, 2020 20-455 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY BRIAN CIHA
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:
Brian Ciha DATE OF LOSS:7/13/2020
(for alleged damages from a city lawn mower)
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
November 16, 2020
CITY OF OSHKOSH via email
ATTN: PAM UBRIG
RE: Our Claim 4: WM000702661076
Date of Loss: 07/13/2020
Claimant: Brian Cilia, 5816 Delcore Road,New Franken,WI 54229
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. Cilia in which he is alleging a city lawn mower damaged his
egress window at 16 Viola Avenue in Oshkosh on July 13, 2020.
Based on our investigation,there is no evidence to support Mr. Cilia's allegations that city employees
caused damage to his egress window at 16 Viola Avenue. Therefore, in the absence of negligence and
liability on the part of the City, and in the absence of evidence on the part of Mr. Cilia to support his claim
or allegations,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