HomeMy WebLinkAbout12. 22-344
AUGUST 10, 2022 22-344 RESOLUTION
(CARRIED____6-0_ ____LOST________LAID OVER_________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY MAI VANG
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:
Mai Vang DATE OF LOSS: 7/26/2021
(for alleged injury 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.
July 22, 2022
CITY OF OSHKOSH / GO TRANSIT via email
ATTN: JESSI BALCOM
PO BOX 1130
OSHKOSH, WI 54903
RE: Our Claim #: WM000702661121
Date of Loss: 07/26/2021
Claimant: Mai Vang, 915 Mallard Avenue #2, Oshkosh WI 54901
Attorney: Sparr, Belville & Brown LLC, Attn: Kristina M. Sanders-Brown
103 High Avenue, Oshkosh WI 54901
Dear Ms. Balcom:
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. Vang in which she is asserting she sustained bodily injuries and damages as a result of the above-referenced incident.
Based on our investigation, we do not see any liability or negligence on behalf of the City of Oshkosh, Go Transit or
Brian Stark for this accident. According to our review of this claim and the information available to us, we’ve determined
that the bicyclist, William Keown, is the majority at-fault for this accident. William’s parents have separate insurance. His
father has homeowner’s insurance with Ellington Mutual Insurance, and his mother has renter’s insurance with
Progressive. 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 and her attorney at the above listed addresses.
This should be sent certified or registered (restricted) mail and must be received by the claimant within 120 days after you
received the Claim documentation from her attorney. 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