HomeMy WebLinkAbout18. 21-214
APRIL 27, 2021 21-214 RESOLUTION
(CARRIED__7-0____LOST________LAID OVER_________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY RANDY HOOEY
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:
Randy Hooey DATE OF LOSS: 2/6//2021
(for alleged injuries from falling on the sidewalk)
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.
April 20, 2021
CITY OF OSHKOSH Via E-mail
ATTN: PAM UBRIG
PO BOX 1130
OSHKOSH, WI 54903
RE: Our Claim #: WM000702661104
Date of Loss: 02/06/2021
Claimant: Randy Hooey, 8527 Clayton Avenue, 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 Mr.
Hooey’s Claim dated February 6, 2021, through which Mr. Hooey asserts he sustained bodily injury as a
result of an alleged slip and fall on ice incident in a crosswalk located at or near 465 N. Main Street.
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). The disallowance of this claim will shorten the statute of
limitations period to six months. The basis of this denial is that the City of Oshkosh is not legally liable
for the claimant’s injuries/damages. Our investigation has revealed that there is no negligence on behalf
of the City as the City is entitled to governmental immunity for the natural accumulation of ice and snow.
Additionally, there is the “Winter in Wisconsin” defense in which it is our opinion the greater amount of
causal negligence would be attributed to Mr. Hooey.
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 our file.
Sincerely,
Ginger Kimpton
Senior Casualty Claims Adjuster
855-828-5515 / 866-828-6613 fax
gkimpton@statewidesvcs.com
CC: Brian Dandoy, Agent