HomeMy WebLinkAbout18. 21-386
JULY 27, 2021 21-386 RESOLUTION
(CARRIED__6-0____LOST________LAID OVER_________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY JENNA TIMM
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:
Jenna Timm DATE OF LOSS: 6/21/2021
(for alleged damage from a tree falling on her vehicle)
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.
July 9, 2021
CITY OF OSHKOSH
ATTN: PAM UBRIG via email
PO BOX 1130
OSHKOSH, WI 54903
RE: Our Claim #: WM000702661116
Date of Loss: 06/21/2021
Claimant: Jenna Timm, 527 W. Lincoln 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 Ms. Timm in which she is claiming damage to her vehicle as a
result of a tree falling on it.
Our investigation has revealed that the City of Oshkosh was not negligent or liable for this incident as the
cause of damage was natural causes (i.e. wind). Based on our investigation, there was no exterior visible
rotting damage to this tree, and no one at the City had any knowledge of any interior rotting damage.
Additionally, there have been no prior complaints regarding this tree. Finally, there were other wind-
related incidents on this same date. Therefore, in the absence of negligence and absence of notice of the
condition on the part 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 our file.
Thank you.
Sincerely,
Ginger Kimpton
Senior Casualty Claims Adjuster
855-828-5515 / 866-828-6613 fax
gkimpton@statewidesvcs.com
CC: Brian Dandoy, Agent