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Home My WebLink About08-443NOVEMBER 25, 2008 08 -443 RESOLUTION (CARRIED 7 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: DISALLOWANCE OF CLAIM BY SPARR INVESTMENTS / 602 WEST 7 AVENUE INITIATED BY: LEGAL DEPARTMENT WHEREAS, the following claim has been referred to the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: Sparr Investments 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. 1. NOTICE OF INJURY TO: CITY OF OSHKOSH, Its Officers, Employees and Agent 215 Church Avenue P.O. Box 1130 f Oshkosh, WI 54903 -1130 C'T G 19 CLAIMANT: Sparr Investments, LLC I 06 103 High Avenue�� -, Oshkosh, WI 54901 <, PLEASE TAKE NOTICE that Sparr Investments, LLC, by its attorneys, Peterson; Berk & Cross, S.C., state that the following circumstances give rise to a claim: 1. David and Diane Sparr (as members of Sparr Investments, LLC, a Wisconsin Limited Liability Company) (hereinafter "Claimants, "), adults, are the current owners of real and personal property located at 602 W. 7 Avenue, 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 602 W. 7 Avenue, Oshkosh, WI 54902. 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, Claimants 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. ` 4 l i � I 1��kovw Dated this day of October, 2008. PETERSON, BERK & CROSS, S.C. Att Arne far imants ,. / eid ,/''! By: y � o ene D. Schner State Bar No. 1023881 200 East College Avenue P.O. Box 2700 Appleton, Wisconsin 54912 -2700 (920) 831 -0300 2 ' ` October 15.2OOD MIDWEST CLAIMS SERVICE ' ' - 1700 Olodyke Court ' Peter BeMk& Cro SC Auburn Hills Michigan Attn: Jolene S _ 200 ^ `Co8kaoe/\v� �� on'm� ~ ' PO �on eus�so1 � aun fax W1 54912 Re: Program: League of �4n mnaun ` /+pp/o�on' Wiscons Municipalities Mutual |ns Our Insured: City of Oshkosh Date of Loss: 06/12/2008 Our Claim #: W18 135695 ' ' �Cha|rno' & Diane Sparr - (Members ofGpar Investments, LLC) �m L oca ti on: ' 6O2VV, Ave. ' ' DemrK4s�8chnaider ' ' Midwest Claims Service administers the claims for the League of Wisconsin ' Mutual Insurance through which the City of Oshkosh is an insured. VV are in clai st that property ' was sustained due to a sewer backup/flooding on J 12 3U08 June . . Ple ase be advised that we are currently in the process of invest this matter with the City of Oshkosh. Once we have made our liability determination we will notify the ' claimant b«mail. Please mitigate and document anyandoUdonlagesbeingolaimed. ' If you have any questions in the intehmn, please contact Midwest C|lmirno Service. Inc. ` ' . . S |nQ8n3�k/ ` �\\� �}�T\0 Barbara H ooks Claims Adjuster ' ' U � ' Cc City ofOshkosh: Pam Ub ' HRH Insurance Services ' ASUBS/omnx0pHCClNsuPAmcs HOLDINGS, )mC~ 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 MIDWEST Date of loss: 06/12/2008 CLAIMS SERVICE Claimant(s): Sparr Investments, LLC David K Sparr & Associates, SC 1700 Opdyke court 103 High Ave. Auburn Hills, Michigan g 48326 Oshkosh, WI 54901 (248) 371 -3100 Locations: 628 Bayshore, 101 High Ave, 103 High Ave (800) 225 -6561 129 Guenther, 602 7 th Ave, 215 Market St. (248) 371 -3091 fax Our Claim #: WI8 135695 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 Cc: HRH Insurance Services A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.'" November 5, 2008 Sparr Investments, LLC David K Sparr & Associates, SC MIDWEST 103 High Ave. CLAIMS SERVICE Oshkosh WI 54901 1700 Opdyke Court Auburn Hills, Michigan 48326 Re: Program: League of Wisconsin Municipalities Mutual Insurance (248) 371 -3100 Our Insured: City of Oshkosh (800) 225 -6561 Date of Loss: 06/12/2008 (248) 371 -3091 fax Our Claim No: W18 135695 Claimant Sparr Investments, LLC www.midwestclaims.com David K. Sparr & Associates, SC Locations: 628 Bayshore, 101 High Ave, 103 High Ave 129 Guenther, 602 7 Ave, 215 Market St. Dear Mr. Sparr: 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 r - Claims Adjuster I cc: City of Oshkosh: Pam Ubrig 1 i iti'� j 3 r Peterson, Berk, & Cross, SC (Attn: Jolene Schneider) ; K. HRH .Insurance Services A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.-