HomeMy WebLinkAbout13. 21-458
SEPTEMBER 14, 2021 21-458 RESOLUTION
(CARRIED____7-0_ ____LOST________LAID OVER_________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY GREG HERLIHY
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:
Greg Herlihy DATE OF LOSS: 7/1/2021
(for alleged damages to his vehicle from a pothole)
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.
September 7, 2021
City of Oshkosh
Attn: Pam Ubrig
PO Box 1130
Oshkosh, WI 54902
Program: League of Wisconsin Municipalities Mutual Insurance
Our Insured: City of Oshkosh
Date of loss: 7/01/2021
Our Claim # WM000702661133
Claimant: Greg Herlihy
25 Crimson Ln.
Oshkosh, WI 54902
Dear Ms. Ubrig,
Statewide Services, Inc. administers the claims for the League of Wisconsin Municipalities
Mutual Insurance which insures the City of Oshkosh. We are in receipt of the
claim submitted by Greg Herlihy for vehicle damage allegedly caused by a pothole along
Planeview Drive.
We have reviewed the matter and recommend that the City of Oshkosh deny this claim
pursuant to the Wisconsin statute for disallowance of claim 893.80(lg). The disallowance
will shorten the statute of limitations period to six (6) months.
Our denial is based on the fact that the investigation revealed no liability on behalf of the
City. The City did not have prior knowledge or notice of the shoulder condition that
allegedly caused the vehicle damage.
Please submit the disallowance directly to the claimant at the above address. The
disallowance should be sent certified or registered mail and must be received by the
claimant within 120 days after you receive Notice of Claim. Please send a copy of the
disallowance to Statewide Services Inc. Claims.
Thank you,
Sarah Bourgeois, AINS
Claims Rep. II
Statewide Services Inc.
PO Box 5555
Madison, WI 53705-0555
608-828-5439 Phone
800-854-1537 Fax
sbourgeois@statewidesvcs.com
CC: McClone Agency