HomeMy WebLinkAbout25. 21-277
MAY 25, 2021 21-277 RESOLUTION
(CARRIED__7-0____LOST________LAID OVER_________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY WPS CORPORATION
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:
WPS Corporation DATE OF LOSS: 2/3/2021
(for alleged damages to above ground facilities)
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 14, 2021
City of Oshkosh
Attn: Ms. Pamela Ubrig, Clerk
P.O. Box 1130
Oshkosh, WI 54903
RE: Our Claim #: WM000702661103
Date of Loss: 02/23/2021
Claimant: Wisconsin Public Service Corporation
Attn: Ms. Catherine Rouse, Claims Analyst
P.O. Box 1132
Milwaukee WI 53201
Loss location: 1525 Donegal Ct.
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
damage to a claimant light pole caused by City snow plowing operations.
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 asserts damage to a light pole located near 1525 Donegal Ct. Oshkosh, and that it allegedly occurred during
City snow plowing operations; however, no proof that the City is liable for the damage was presented. I spoke with the City
Street and Central Garage Manager, Mr. Kevin Uhen, to learn that upon arrival to the area the City plow driver, Kodi P:arker,
recognized the light pole in question was “leaning” or had pre-existing damage, and Mr. Parker immediately called the issue
into Kevin. Given City staff deny damaging the claimant light pole, and absent any proof form the claimant that the City is
liable, 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