HomeMy WebLinkAbout07. 20-456 NOVEMBER 24, 2020 20-456 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY APEX ACCIDENT ATTORNEYS
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:
Apex Accident Attorneys on behalf of Patricia Diener DATE OF LOSS:2/5/2019
(for alleged injuries and damages from falling)
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 6, 2020
CITY OF OSHKOSH via email
ATTN: PAM UBRIG
RE: Our Claim 4: WM000702661074
Date of Loss: 02/15/2019
Claimant: Patricia Diener, 1316 Broad Street, Oshkosh WI 54901
Attorney: Apex Accident Attorneys LLC,Attn: George Curtis
3475 Omro Road Suite 200,PO Box 2845, Oshkosh WI 54903
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 Notice
of Injury and Claim for Damages in which Ms. Diener is asserting a claim for injuries and damages as a
result of an alleged slip OR fall incident that occurred on or about February 5, 2019 at or near 708
Baldwin Avenue.
Our investigation has revealed that the City of Oshkosh was not negligent or liable for this incident as the
City would be entitled to immunity under Wis. Stat. 893.83 for the natural accumulation of snow and/or
ice that exists for up to three weeks. Additionally, our investigation has revealed that the City did not
receive any prior complaints about this sidewalk,nor did the City officials consider this a hazard based on
their sidewalk rehabilitation program. Finally,this claim was not reported to the City within the 120-day
notice requirement as is required by Wis. Stat. 893.80(la). This claim was first reported to the City over
1.5 years after the date of incident.
Therefore, in the absence of negligence on behalf of the City of Oshkosh,and due to the untimely
reporting of the claim pursuant to Wis. Stat. 893.80(la),we recommend that the City 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 and her attorney at the above
listed addresses. These should be sent certified or registered(restricted)mail and must be received by the
claimant within 120 days after you received the Notice of Injury and Claim for Damages. 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
kg imptonkstatewidesvcs.com
CC: Phil Burkart,Agent