HomeMy WebLinkAbout14. 21-97WHEREAS, 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:
Adam Penzenstadler DATE OF LOSS: 1/7/2021
(for alleged damage to his vehicle from driving over a manhole)
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 21-97 RESOLUTION
(CARRIED__7-0__LOST________LAID OVER_________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY ADAM PENZENSTADLER
INITIATED BY: LEGAL DEPARTMENT
February 12, 2021
CITY OF OSHKOSH via email
ATTN: PAM UBRIG
RE: Our Claim #: WM000702661092
Date of Loss: 01/07/2021
Claimant: Adam Penzenstadler, 1917 Roosevelt Avenue, Oshkosh WI 54901
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. Penzenstadler in which he is claiming damage to his vehicle
when he drove over an open manhole at/near Algoma Boulevard.
Our investigation has revealed that the City of Oshkosh was not negligent or liable for this incident as the
City did not have prior knowledge that the cover to the manhole was off. 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. Therefore, in the absence of negligence and absence of notice of the
condition on the part of the City of Oshkosh, we recommend that the City 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 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
gkimpton@statewidesvcs.com
CC: Brian Dandoy, Agent