HomeMy WebLinkAbout24. 21-276
MAY 25, 2021 21-276 RESOLUTION
(CARRIED___7-0___LOST________LAID OVER_________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY THOMAS WERBLOW
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:
Thomas Werblow DATE OF LOSS: 10/23/2020
(for alleged damages from a sewer backup)
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.
1241 John Q Hammons Dr.
P.O. Box 5555
Madison, WI 53705-0555
VIA E-MAIL ONLY
May 13, 2021
City of Oshkosh
Attn: Ms. Pamela Ubrig, Clerk
P.O. Box 1130
Oshkosh, WI 54903
RE: Our Claim #: WM000702661097
Date of Loss: 10/23/2020
Claimant: Thomas Werblow
422 Congress Ave.
Oshkosh, WI 54901
Loss location: 422 Congress Ave.
Oshkosh, WI 54901
Dear Ms. Ubrig:
As you know, 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 above-captioned claim regarding
damages caused by an alleged back-up of sewer water into the claimant’s basement.
Our investigation has revealed that the City was not negligent for this incident. Therefore, 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 shorten the statute of limitations period to six months.
The claimant reported to the City that he incurred a back-up of sewer water with a date of loss of 10/23/20; HOWEVER, he
reported the matter to the City on 10/26/20—three days later. City Street and Central Garage Manager, Kevin Uhen, advised
that upon notice of the matter staff immediately responded to find the sewer main flowing correctly with no sign of any
obstruction. It therefore remains unknown how the loss occurred, but what is known is that there is no evidence that the City
operations caused the back-up; thus, the claim is recommended for disallowance.
Note: When I spoke with Mr. Werblow to advise of our position on the matter and how there is no proof of exactly how the
back-up occurred, we discussed the reasons for sewer back-ups that I typically see—namely 1) an unnoticed clog in the sewer
main; 2) rain water entering into and overwhelming the sewer main; or 3) an issue with the privately owned sewer lateral of
the property owner. Once said, I advised that IF it can be proven (which it cannot) that an unnoticed clog was in the sewer
main to cause the loss and/or that rain from a heavy storm that had “hit” the area led to the back-up, the City per WI statute
893.80 would be afforded immunity from damage. Again, as the exact cause of loss is unknown, we recommend the claim be
disallowed.
I have enclosed a sample Notice of Disallowance for your use, should you choose to use it, or you may use your own. Please
send your 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 your letter for our file.
Thank you, Pam, for your attention to the above, and please do not hesitate to contact me with any questions.
Best regards,
Doug Detlie
Douglass A. Detlie
Casualty Claims Specialist
Office: 608-828-5503
Fax: 800-720-3512
E-mail: ddetlie@statewidesvcs.com
Cc Brian Dandoy, Agent