HomeMy WebLinkAbout04. 22-413OCTOBER 11, 2022 22-413 RESOLUTION
(CARRIED 7-0 LOST _______ LAID OVER _______ WITHDRAWN _______)
PURPOSE: DISALLOWANCE OF CLAIM
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:
NAME - Larry Tesch Date of loss: 09/01/2022
(Damage to 2018 Jeep as a result of accident with a city bus)
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 29, 2022
CITY OF OSHKOSH/GO TRANSIT VIA EMAIL
ATTN: JESSI BALCOM
RE: Our Claim #: WM000702661185
Date of Loss: 09/01/2022
Claimant: Larry Tesch, 2110 Mitchell Street, 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/Go Transit. We are in receipt
of the “Claim” documentation submitted by Mr. Tesch in which he is asserting he sustained damage to his
2018 Jeep as a result of the above-reference accident with a city bus on 9/1/2022.
Our investigation has revealed that the City of Oshkosh/Go Transit was not negligent or liable for this
accident. Additionally, the bus surveillance revealed that the bus appeared to be at a complete stop when
Mr. Tesch began to drive forward past the back end of the bus and then he backed up his vehicle.
Therefore, in the absence of negligence or liability on behalf of the City of Oshkosh/Go Transit, we
recommend that the City 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