HomeMy WebLinkAbout08-386OCTOBER 14, 2008 08 -386 RESOLUTION
(CARRIED 6 -1 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY CHRISTOPHER KOCH
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:
Christopher Koch DATE OF LOSS: 8/4/2008
(damage to vehicle as a result of hitting a manhole cover)
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.
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CLAIM FORM
OSHKOSH, WISCONSIN
H COPIES OF ALL BILLS
RETURN TO:
) 35)
City Clerk
P.O. Box 1130
Oshkosh, WI 54903 -1130
Date of Report: / GjS / C ` Date of Incident: C? ,`�i / O L / LJ_ Time of Incident:
Name:
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Address:
L,; Vk l CJ Z17
Phone Number: t 7- /3 y Date of Birth: 0
Incident Location: 1 , ,�, V� i 'rye T PC w �y� J c.
Authorities Contacted? Yes No Name of Person Contacted: C.cl1
Incident Description: V g a t �c �' iL•� W <<S �� �C' F1�t y a =��
� tAg . � ` c u�` ck c.vW\61 - ';l — 5
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Type of Injury:
If Property was Damaged, Describe: _J 0 O.5 C. v4 Sf r:1 ; `s
CONTACT PE
UHEN
Sanitation & Central Garage
639 Witzel Avenue
(920) 232 -5382 FAX (920) 22
kuhen@ci. oshkosh.wi. us
thru Friday 8:00 am – 3:00 pm)
JACK REICHENBERGER
Superintendent/Water Distribution
757 W: 3` Avenue
(920) 232 -5332 FAX (920) 232 -5334
jreichenberger@ci.oshkosh.wi.us
(water)
ROBERT HORTON
Sanitation Supervisor
508 W. 4' Avenue
(920) 232 -5393 FAX (920 232 -5386
rhorton@ci.oshkosh.wi.us
(garbage / recycling)
June 16, 2008
September 18, 2008
City of Oshkosh
Attn: Pamela Ubrig
MIDWEST P.O. Box 1130
CLAIMS SERVICE Oshkosh, WI 54902
1700 Opdyke Court
Auburn Hills, Michigan Re:
48326 Program: League of Wisconsin Municipalities Mutual Insurance
(248) 371-3100 Our Insured: City of Oshkosh
(800) 225-6561...6;
(248) 371 -3091 fax Date of Loss: 08/01/2008
Our Claim # W18 136418 r..
Claimant: Christopher Koch
836 W. 12th
Oshkosh, WI 54902
Dear Ms. Ubrig:
Midwest Claims Service, Inc, is the claims administrator for the League of Wisconsin
Municipalities Mutual Insurance who provides the insurance coverage for the City of Oshkosh.
We have received a claim in which the claimant's vehicle sustained damage when he struck an
open manhole on High Street.
We have completed our investigation of this claim and recommend that the City of Oshkosh
deny 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
6 months.
Thp hacis of this rlPnial ¢hn1iIIri Fix that fhPrP is hn harrlinanrP nn liPhalf of the r.ity rif s .
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Sincerely, �� ---,
Melissa Reitter
SEp 2 2 2008
Claims Adjuster
cc: HRH Insurance Services
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.
1700 Opdyke Court
Auburn Hills, Michigan Re ;
48326
P
r""..,
rogram League of Wlsconsm Municipahtl ' es :Mutual Insu ante w
(248) 371 3100
(800) 225 6561 Our Insueg firyof Osf.kosh
(248)371 3091 fax Date of Loss 01 2008
�0 Clt 8I �Xfl
www .midwestclaims.com "'�'• " ^v"` X ". .pa ° "',� st . �,''"
Our Claim 13618 -
Dear Mr. Koch:
Midwest Claims Service, Inc. is the claims administrator for the League of
Wisconsin Municipalities Mutual Insurance who provides the insurance coverage for the
City of Oshkosh. We have received a claim in which your vehicle sustained damage
when you struck an open manhole on High Street.
Please be advised that we have completed our investigation and will be
recommending that the City of Oshkosh deny this claim. Our investigation has revealed
that the City did not have prior notice that the open manhole. A municipality has no
liability unless it knew, or should have known, of the existence of the defect and had a
reasonable amount of time to repair the defect.
4
Smcere lY
I
Melissa Reitter
Claims Adjuster
cc: City of Oshkosh
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€ S E PL 2 2008 L
,i-IN Nut
A SUBSIDIAKY OF HCC INSURANCE HOLDINGS, INC.
1364 OSHKO CITY O
08/07/2008 1:26 PM - SJM
SENT ACKNOWLEDGEMENT FAX TO INSURED.
08/08/2008 8:53 AM - MLR
COVERAGE: D/L occurred 08/0412008. Policy effective date falls between 02101/2008 to 02/01/2009
COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY
NO DED.
$5,000,000.00 LIMIT
INSURED:
City of Oshkosh
P.O. Box 1130
Oshkosh, WI 54902
Kevin Uhen - 920 -232 -5382
CLAIMANT:
Christopher Koch
836 W. 12th
Oshkosh, WI 54902
920- 379 -0134
FACTS: per loss notice: The claimant hit a manhole lid that was sticking up out of the manhole on High Street between
Jackson & Division Street.
LIABILITY: TBD
DAMAGES:
In Line Auto Body
$880.06
RESERVE: There is a 10% chance we will pay this claim. At this time, I will post a $88.01 reserve.
EVALUATION: I called Kevin Uhen and left a message for him to calf me back. I need to find out if the City had prior notice
of the open manhole.
TO BE DONE:
-r /r from Kevin
MLR
MLR
08/12/2008 8:21 AM - MLR
I received a call from Kevin and he advised that the City did not have prior notice of the pothole.
TO BE DONE:
112
- proceed with denial
MLR
09/18/2008 12:51 PM - MLR
I have sent a letter to the City recommending that they deny this claim. I have sent a letter to the claimant advising of our
recommendation that the City deny this claim.
FILE CLOSED
MLR
212