HomeMy WebLinkAbout17. 21-43
JANUARY 26, 2021 21-43 RESOLUTION
(CARRIED________LOST________LAID OVER_________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY ST. JOHN’S DUPLEX LLC
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:
St. John’s Duplex LLC (Dan Cotter) DATE OF LOSS: 2/10/2020
(for alleged damage to property from the Police Department)
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.
January 8, 2021
CITY OF OSHKOSH Via E-mail
ATTN: PAM UBRIG
RE: Our Claim #: WM000702661087
Date of Loss: 02/10/2020
Claimant: St. John’s Duplex LLC, Attn: Dan Cotter
1914 Amy Jo Drive, Oshkosh WI 54904
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 Mr.
Cotter’s claim in which he is alleging the City of Oshkosh police caused damage to the door at 450A W.
12th Avenue when they breached the door while serving a search warrant.
We have performed an investigation and find no liability or negligence on behalf of the City of Oshkosh
or Police Department for this alleged claim. Based on our investigation, the Oshkosh Police Department
denies causing the damage, and there is no evidence or proof that the Oshkosh Police Department
breached the door(s) at 450A W. 12th Avenue, Oshkosh, WI. Additionally, we discovered that both
apartments, 450A and 450B, were burglarized around the same time the search warrant was served.
Please be advised that we recommend that the City of Oshkosh deny this claim pursuant to the Wisconsin
Statute for Disallowance of Claim 893.80(1g). Please send your disallowance, on your letterhead, directly
to the claimant at the above listed address. This should be sent certified or registered 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 office
866-828-6613 fax
gkimpton@statewidesvcs.com
CC: Brian Dandoy, Agent