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HomeMy WebLinkAbout25. 21-22 JANUARY 12, 2021 21-22 RESOLUTION (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: DISALLOWANCE OF CLAIM BY KATELYN CROWNER INITIATED BY: LEGAL DEPARTMENT WHEREAS, the following claim has been referred to the City's insurance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: Katelyn Crowner DATE OF LOSS: 4/13/2020 (for alleged damages to her vehicle from when a City employee waved her through an intersection ) 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 DL. P.O. Box 5555 Madison, WI 53705 0555 877-204-9712 August 21, 2020 KATELYN M. CROWNER 972 E. SUNNYVIEW ROAD #12 OSHKOSH, WI 54901 Regarding: Our Insured: City of Oshkosh Claim No: WM000702661065 Date/Loss: 04/ 13/2020 Dear Ms. Crowner, 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 above -referenced claim you presented against the City of Oshkosh in the amount of $9500, which is the amount a third party insurer is seeking in damages from you as the result of an accident that occurred at/near the intersection of State Highway 44 and 101h Avenue on April 13, 2020. You allege that negligence for this accident was caused by the City of Oshkosh and/or their employees when an employee waved you through the intersection, and upon entering the intersection you were struck by the third party vehicle. We have performed an investigation and determined that there is no negligence on behalf of the City of Oshkosh and/or their employees for this accident. Based on our investigation, none of the City employees waved you through the intersection or even made eye contact. Additionally, even if they had, according to the primary investigating officer, it would not have mattered if you were waved through the intersection as you still have a duty to make sure the intersection is clear before entering it. Therefore, in the absence of negligence on the part of the City of Oshkosh and their employees, Statewide Services Inc. is recommending that the City disallow your claim. Respectfully, Ginger Kimpton Senior Casualty Adjuster 608-828-5515 direct 855-828-5515toll free 866-828-6613 fax ukimpton@statewidesvcs.com statewidesvcs.com