HomeMy WebLinkAbout05. 22-483NOVEMBER 22, 2022 RES #22-483 RESOLUTION
(CARRIED 6-0 LOST LAID OVER WITHDRAWN )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 - Christine Schetter Date of loss: 02/18/2022
(Slipped on ice on incline in parking lot at North Main St. near Oshkosh
Investors)
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.
November 3, 2022
CITY OF OSHKOSH Via E-mail
PO BOX 1130
OSHKOSH, WI 54903
RE: Our Claim #: WM000702661194
Date of Loss: 02/18/2022
Claimant: Christine Schetter, 1698 Margeo Drive, Neenah WI 54956
SECURA: SECURA, Attn: Suzanne R, PO Box 819, Appleton WI 54912-0819
City clerk,
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 the City received on October 26th by postal mail in which Christine Schetter was injured as
the result of an alleged slip and fall in a parking lot at N. Main Street at or near Oshkosh Investors LLC
on February 18, 2022.
Please be advised that we recommend that the City of Oshkosh deny this claim pursuant to the Wisconsin
Statute for Disallowance of Claim 893.80(1g). The disallowance of this claim will shorten the statute of
limitations period to six months. The basis of this denial is that the City of Oshkosh is not legally liable
for the claimant’s injuries/damages. Our investigation has revealed that there is no negligence on behalf
of the City as the City is entitled to governmental immunity for the natural accumulation of ice and snow.
Additionally, Wis. Stat. 893.80 (1a) requires that the notice of the injury and circumstances must be given
to the municipality within 120 days of the injury. The first notice the City of Oshkosh received of this
incident is when they received the documents by postal mail on October 26, 2022. Ms. Schetter’s Clam
Form is dated October 3rd. Secura’s letter is dated October 20th. Both of which are well past the 120 day
notice requirement. Although Secura’s enclosed Notice of Claim is dated May 5th, I confirmed with the
City of Oshkosh that there is no record of receiving the Notice of Claim or any notice of this incident
prior to October 26th.
Please send your disallowance, on your letterhead, directly to the claimant, Christine Schetter, and
SECURA, at the above listed addresses. These should be sent certified or registered mail and must be
received by the Ms. Schetter and SECURA within 120 days after you received the claim documentation
on October 26th. Please send me a copy of the Notice of Disallowance for our file.
Sincerely,
Ginger Kimpton
Senior Casualty Claims Adjuster
855-828-5515 / 866-828-6613 fax
gkimpton@statewidesvcs.com
CC: Brian Dandoy, Agent