HomeMy WebLinkAbout08-444NOVEMBER 25, 2008 08 -444 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY TRITT PROPERTIES / 327
EAST PARKWAY AVENUE
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:
Tritt Properties DATE OF LOSS: 6/12/2008
(for damages to property resulting from backed up sewer)
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.
NOTICE OF INJURY
TO: CITY OF OSHKOSH, Its Officers, Employees and Agents
215 Church Avenue
P.O. Box 1130
Oshkosh, WI 54903 -1130
CLAIMANT: Lee J. Tritt
d/b /a Tritt Properties
1317 Partridge Court
Oshkosh, WI 54904
PLEASE TAKE NOTICE that Lee J. Tritt, d/b /a Tritt Properties, by his attorneys,
Peterson, Berk & Cross, S.C., state that the following circumstances give rise to a claim:
1. Lee J. Tritt, d/b /a Tritt Properties (hereinafter "Claimant, "), adult, is the
current owner of real and personal property located at 327 E. Parkway, in the
City of Oshkosh, Winnebago County, Wisconsin.
2. On or about June 12, 2008, the sewer system owned, operated, and maintained
by the City of Oshkosh, Wisconsin, malfunctioned and failed, resulting in
sewage, water and/or other waste products being forced into or backed up into
the property located at 327 E. Parkway, Oshkosh, WI 54901.
3. The City of Oshkosh was negligent in the design, construction, operation,
inspection and maintenance of city sewers and facilities.
4. The City of Oshkosh was negligent in failing to have an adequate emergency
plan and procedure to handle the, malfunction of the sewer system that
occurred on or about June 12, 2008:
5. The City of Oshkosh was negligent in failing to respond in an adequate and
timely manner to the malfunction and failure of the sewer system that
occurred on or about June 12, 2008.
6. As a direct and proximate result of the negligence of the City of Oshkosh,
Claimant sustained injuries and damages to real and/or personal property and
other damages.
This document is a notice of injury in compliance with Wisconsin Law. This is not a
claim for damages. No claim for damages is made at this time.
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OCT 1 3 2008 U
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Dated this j ? ' day of October, 2008.
PETERSON, BERK & CROSS,
Att eys for C ai ant
By:
4Joene D. Schneider
State Bar No. 1023881
200 East College Avenue
P.O. Box 2700
Appleton, Wisconsin 54912 -2700
(920) 831 -0300
November 5, 2008
City of Oshkosh
Attn: Pam Ubrig
PO Box 1130
Oshkosh, WI 54903
Re: Program: League of Wisconsin Municipalities Insurance Plan
Our Insured: City of Oshkosh
Date of loss: 06/12/2008
Claimant(s): Lee J Tritt d/b /a Tritt Properties
1317 Partridge Court
1700 opdyke court Oshkosh, WI 54904
Auburn Hills, Michigan
48326 Locations: 416 Fulton, 327 E Parkway, 633 Jefferson
(248) 371 -3100 600 W 6t' St, 606 W 6 0i .St
(800) 225 -6561 Our Claim #: WI8 135695
(248) 371 -3091 fax
www.midwestclaims.com
Dear Ms. Ubrig:
We handle the claims for the League of Wisconsin Municipalities Insurance Plan through which
the City of Oshkosh is insured. We have received notice of the above - stated claim in which a
sewer backup occurred at the above locations on June 12, 2008.
We have completed our investigation of this claim and recommend that the City of Oshkosh deny
these claim pursuant to the Wisconsin statute for disallowance of claim 893.80(1 g). The
disallowance of the claim in this manner will allow us to shorten the statute of limitations period
to 6 months.
The basis of the denial should be that our investigation has concluded that there is no negligence
on behalf of the City of Oshkosh. Our investigation has concluded that this backup was caused
by excessive rain and not due to any blockages or equipment failure on behalf of the City. The
City has no control over this type of occurrence and would have no prior notice of any potential
problems.
Please be advised that the claimants have only filed a Notice of Circumstances at this time.
Please send your denial letter to the claimant. These denials should be sent certified mail and
registered mail (restricted delivery) and must be received by the Claimant within 120 days after
you received the claim. Please send copy of denial to our address as stated above. If you have
any further questions, please feel free to call me at 1- 800 -225 -6561 (ext.3096). Thank you.
Sincerely,
Barbara Hooks
Claims Adjuster
''111 J 7 ,
Cc: HRH Insurance Services
d a
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC
CLAIMS SERVICE
1700 opdyke court Re: Program: League of Wisconsin Municipalities Mutual Insurance
Auburn Hills, Michigan
48326 Our Insured City of Oshkosh
(248) 371 -3100 Date of Loss: 06/12/2008
(800) 225 -6561 Our Claim No: W18 135695
(248) 371 -3091 fax Claimant: Lee J Tritt d /b /a Tritt Properties
Locations: 416 Fulton, 327 E Parkway, 633 Jefferson
www.midwestclaims.com 600 W 6 St, 606 W 6 St
Dear Mr. Tritt:
Midwest Claims Service administers the claims for the League of Wisconsin
Municipalities Mutual Insurance through which the City of Oshkosh is an insured.
We are in receipt of the above - stated claim in which you have stated that there
was a sewer backup /flooding into the above- stated locations due to excessive
rains on June 12, 2008.
Please be advised that we have completed our investigation of this claim and will
be recommending that the City of Oshkosh deny this claim. The basis of the
denial is that our investigation found no negligence on behalf of the City of
Oshkosh. Our investigation has concluded that this sewer backup /flooding was
caused by excessive rains which inundated the area. This would be considered
an act of nature. The City has no control over this type of occurrence and would
have no prior notice of any potential problems.
Sincerely,
Barbara Hooks
Claims Adjuster r viq
s
cc: City of Oshkosh : Pam Ubrig -
Peterson, Berk, & Cross, SC (Attn: Jolene Schneider)
HRH Insurance Services D ` 1 7 ,J `
I � P
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.-