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HomeMy WebLinkAbout15. 21-460 SEPTEMBER 14, 2021 21-460 RESOLUTION (CARRIED___7-0_ ____LOST________LAID OVER_________WITHDRAWN________) PURPOSE: DISALLOWANCE OF CLAIM BY SHARON SCHMIDT 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: Sharon Schmidt DATE OF LOSS: 8/3/2001 (for alleged damages to her vehicle from the City street sweeper) 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. August 25, 2021 City of Oshkosh Attn: Pamela Ubrig PO Box 1130 Oshkosh, WI 54902 Program: League of Wisconsin Municipalities Mutual Insurance Our Insured: City of Oshkosh Date of loss: 8/03/2021 (approx.) Our Claim # WM000702661130 Claimant: Sharon Schmidt 48 Sennholz Ct. 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 Sharon Schmidt for vehicle damage allegedly caused by debris ejected from a City-owned street sweeper machine. 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 maintains that it had no owned street sweeper machines operating in the vicinity of Sennholz Court and Fond Du Lac Road on or around 8/3/2021. 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