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HomeMy WebLinkAbout31. 22-305 JULY 12, 2022 22-305 RESOLUTION (CARRIED____6-0_ ____LOST________LAID OVER_________WITHDRAWN________) PURPOSE: DISALLOWANCE OF CLAIM BY KAY BAHR 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: Kay Bahr DATE OF LOSS: 6/7/2022 (for alleged damage to vehicle due to construction barricade) 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. June 29, 2022 City of Oshkosh Attn: Melissa Boothe PO Box 1130 Oshkosh, WI 54902 RE: Our Claim #: WM000702661176 Date of Loss: 6/07/2022 Claimant: Kay Bahr 54 Gibson Ct. Oshkosh, WI 54902 Dear Ms. Boothe, Statewide Services, Inc. administers the claims for the League of Wisconsin Municipalities Mutual Insurance, which provides liability insurance coverage for the City of Oshkosh. We are in receipt of the claim submitted by Kay Bahr for vehicle damage allegedly caused by a construction barricade at 6th Ave. and S. Main St. The City of Oshkosh has contracts in place with the outside contractors that were performing the road construction work at this location. The contracts require that those contractors carry professional liability insurance for protection against claims arising out of the performance of their work. We therefore assert that the City has no liability in this instance and recommend that the City of Oshkosh formally disallow the claim. It is our understanding that the City has already tendered the claim to the contractors involved. Please submit your formal notice of disallowance directly to Kay Bahr. 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 for our records. Please let me know if you have any questions. Thank you, Sarah Bourgeois, AIC, 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