HomeMy WebLinkAbout30. 22-304
JULY 12, 2022 22-304 RESOLUTION
(CARRIED____6-0_ ____LOST________LAID OVER_________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY NICOLE SULLIVAN
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:
Nicole Sullivan DATE OF LOSS: 7/16/2022
(for alleged damage to vehicle from City 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.
April 14, 2022
CITY OF OSHKOSH via email
215 CHURCH AVENUE
OSHKOSH, WI 54901
RE: Our Claim #: WM000702661061
Date of Loss: 07/16/2020
Claimant: Nicole Sullivan, 1662 Doty Street, Oshkosh WI 54902
To Whom it May Concern:
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. Sullivan regarding the above-referenced accident she was
involved in with a City dump truck/trailer on July 16, 2020.
Our investigation has revealed that there is little to no liability on behalf of the City of Oshkosh for this
accident, but rather, we place the majority of liability for this accident on Ms. Sullivan. After considering
all the facts and evidence available to us, it appears that Ms. Sullivan was attempting to pass the City’s
vehicle on the right in/near an intersection. Wisconsin Statute 346.10 indicates that “overtaking a vehicle
within one hundred feet of a traversing intersection is prohibited….”, which makes Ms. Sullivan’s
overtaking of the City’s vehicle on the right at/near the intersection the primary cause of this accident.
Therefore, in the absence of negligence 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