HomeMy WebLinkAbout13. 21-96WHEREAS, 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 Sandra Stratz DATE OF LOSS: 4/8/2018
(for alleged injuries from falling in the parking structure at 1 N. Main Street)
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.
FEBRUARY 23, 2021 21-96 RESOLUTION
(CARRIED_7-0__LOST________LAID OVER_________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY APEX ACCIDENT ATTORNEYS
INITIATED BY: LEGAL DEPARTMENT
February 12, 2021
CITY OF OSHKOSH via email
ATTN: PAM UBRIG
RE: Our Claim #: WM000702660930
Date of Loss: 04/08/2018
Claimant: Sandra Stratz, 2750 Killarney Court, Oshkosh WI 54904
Attorney: Apex Accident Attorneys LLC, Attn: Michael Kuborn
3475 Omro Road, Suite 200, 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 Claim in which
Ms. Stratz was allegedly injured as the result of a “fall” at the parking structure adjacent to the Best Western
Premier Waterfront Hotel & Convention Center located at 1 N. Main Street in Oshkosh.
Our investigation has revealed that the City of Oshkosh was not negligent or liable for this incident. City officials
will testify they had no prior knowledge of the deviation or hazard that allegedly caused this incident, and there
were no prior complaints at this location. A municipality has no liability unless it knew, or should have known, of
the existence of the condition and had reasonable amount of time to repair the condition. Additionally, the City
and its contracted engineer have an active inspection/maintenance program in place for the parking structure.
Therefore, in the absence of negligence and absence of notice of the condition on behalf of the City, we
recommend that the City of Oshkosh disallow this claim pursuant to the Wisconsin Statute for disallowance of
claim 893.80(1g). 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 claim. Please send me a copy of the Notice of Disallowance for my file.
Thank you.
Sincerely,
Ginger Kimpton
Senior Casualty Adjuster
855-828-5515 / 866-828-6613 fax
gkimpton@statewidesvcs.com
CC: Brian Dandoy, Agent