HomeMy WebLinkAbout20. 21-122WHEREAS, 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:
KaliAnn Breest DATE OF LOSS: 2/25/2021
(for alleged injuries from falling on the River Walk)
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.
MARCH 9, 2021 21-122 RESOLUTION
(CARRIED_6-0___LOST________LAID OVER_________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY KALIANN BREEST
INITIATED BY: LEGAL DEPARTMENT
March 3, 2021
CITY OF OSHKOSH via email
ATTN: PAM UBRIG
PO BOX 1130
OSHKOSH, WI 54903
RE: Our Claim #: WM000702661100
Date of Loss: 02/25/2021
Claimant: KaliAnn Breest, 1384 Eagle Feather Trail, Neenah WI 54956
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 Ms. Breest in which she sustained a scrape to her knee, a bruised elbow, and
damage to her Samsung Galaxy cell phone when she slipped and fell on a patch of ice on the Oshkosh
River Walk on February 25, 2021.
Our investigation has revealed that the City of Oshkosh was not negligent or liable for this incident as the
City did not have prior notice of the condition which allegedly caused this incident. 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 of Oshkosh would be entitled to immunity
for the natural accumulation of snow and/or ice that exists for up to three weeks, including melt and
refreeze events. Therefore, in the absence of negligence and absence of liability 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 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