HomeMy WebLinkAbout04. 22-430OCTOBER 25, 2022 RES 22-430 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(CARRIED 7-0 LOST _______ LAID OVER _______ WITHDRAWN _______)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: David Vroman Date of loss: 04/01/2022
(Costs to diagnose a plumbing problem and repair the damaged sanitary sewer
lateral to home located at 1375 Winnebago Ave. Oshkosh, WI)
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.
Division
Statewide Services,
Claim Divisior
October 1,2022
Mr. David Vroman
347 Legon Place
Oshkosh, WI 54901
Regarding:Our lnsured City of Oshkosh
Clairn No: WM000702661113
Date/Loss: 04/01/2022
Dear Mr. Vroman:
Statewide Services, Inc. administers the claims for the League of Wisconsin Municipalities
Mutual Insurance, which provides the insurance coverage for the City of Oshkosh. As discussed,
we are in receipt of tlre above-captioned claim involving your costs to diagnose a plurnbing
problem arrd repair the darnaged sanitary sewer lateral to your home located at 1375 Winnebago
Ave. Oshkosh, WI 54901.
As furtlrer discussed, we have cornpleted our investigation, and we are recommending that the
City of Oshkosh disallow your clairn. The sarritary sewer lateral in question failed and/or
collapsed, and the compromised pipe dates back to a City utility project perforrned in 1995.or2J
years ago. Although exact detail is not clear, City Engineering advised the location of the
darnaged sewer lateral is consistent with wlrere a contractor hired by the City was working to re-
line the City sarritary sewer rnain. It is alleged that the repair method and/or rnaterial used was not
correct; however, such remairrs speculation and there is no proof that such is a City liability. Once
more, WI statute 893.80 affords the City discretionary irnmunity for hiring the contractor to
perfonn the job. Given there is no evidence of City liability for darnaging your sewer lateral, and
given the City's immunity from damage, we recommend that the City disallow your claim, and
Statewide Services, Inc. will be unable to pay for your darnages.
cannot be of assistance to you, and please do not hesitate to call rne with any
Casualty Claims Specialist
Statewide Services. Inc.
PO Box 5555
Madison, Wl 53705-0555
Fax: (800) 120-3512
Office: 608-828-5503
Cc:City of Oshkosh
1241 John Q, Hammons Dr.
P.O. Box 5555
Madison, WI 53705-0555
877-204-9712
lam