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Home My WebLink About08-437NOVEMBER 25, 2008 08 -437 RESOLUTION (CARRIED 7 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: DISALLOWANCE OF CLAIM BY MICHAEL & CINDY PANAS INITIATED BY: LEGAL DEPARTMENT WHEREAS, the following claim has been referred to the City's insurance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: Michael & Cindy Panas 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. CLAIM FORM CITY OF OSHKOSH, WISCONSIN ATTACH COPIES OF ALL BILLS PLEASE PRINT �'V�CSL RETURN TO: City Clerk P.O. Box 1.130. Oshkosh, WI 54903 -1130 Date of Report: 10 / 2 /M Date of lnci ent: / / Time of Incident: am /pm Name. i ai-Q Address: 5ql g� Phone Number: Date of Birth: Incident Location: Authorities Contacted? Yes No Name of Person Contacted: Incident Description: Type of Injury: If Property was Damaged, Describe: Witness Name: Phone Number: Address: TOTAL CLAIM: CLAIMANT SIGNATURE FOR QUESTIONS CALL: CITY CLERK AT 236-5011 OR CITY ATTORNEY AT 236-5115 OFFICE USE ONLY: ! Department Copies: City Manager Faxed: t'^) / luooXIA r City Attorn date time initials INSURANCE INFORMATI Date Reported: Policy Number: 70266 Policy Term: Continuous Reported By: Phone #: (920) 236 -5011 Fax #: (920) 236 -5039 CONTACT PERSON: (Available Mo day thru Friday 8:00 am 3:00 pm) <EVIN UHEN JACK REICHENBERGER ROBERT HORTON 3u perintendent/Street, Superintendent/Water Distribution Sanitation Supervisor Sanitation &Central Garage 757 W. 3`' Avenue 508 W. 4` Avenue 339 Witzel Avenue (920) 232 -5332 FAX (920) 232 -5334 (920) 232 -5393 FAX (920 232 -5386 920) 232 -5382 FAX (920) 235 -5386 ireichenberger @ci.oshkosh.wi.us rhorton @ci.oshkosh.wi.us ;uhen @ci.oshkosh.wi.us (water) (garbage / recycling) street / sewer )ecember 17, 2007 TIMOS J. THY M. W DE MPS E Y DEMPSEY WILLIAMSON KELLY & ELIZABETH A. HARTMAN TIMO M. DEE lJ 11��11i ��77LL Y � JOHN M. KELLY �7+ JASON J. HIRSCHBERG CHARLES J. HERTEL HER 1 EL LLP DANIEL J. POSANSKI BRIAN D. HAMILL A WISCONSIN LIMITED LIABILITY PARTNERSHIP TODD A. SLAGTER PETER J. CULP ATTORNEYS AT LAW SINCE 1849 U.S. BANK PLAZA P.O. BOX 886 OSHKOSH, WISCONSIN 54903 -0886 OSHKOSH 920/235 -7300 RIPON 920/748 -5415 FAX 920 -235 -2011 www.dempseylaw.com October 1, 2008 CERTIFIED MAIL, RETURN RECEIPT REQUESTED Pamela Ubrig, City Clerk City of Oshkosh 215 Church Avenue Oshkosh, WI 54903 -1130 Re: Michael and Cindy Panas Dear Ms. Ubrig: Enclosed is a Notice of Circumstances of Claim pursuant to Wis. Stat. § 893.80 (1)(a). Very truly yours, DEMPSEY, WILLIAMSON, KELLY & HERTEL, LLP r . Cul PJC:kah Enclosure GABE BOUCK, 1849 -1904 ■ JOIN F. KLUWN, 1893 -1931 ■ GEORGE HILTON, 1885 -1942 ■ WILLIA,M C. BOUCK, 1895 -1955 ■ EDWARD]. DEMPSEY, 1906 -1956 ■ RAY C. DEMPSEY, 1932 -1960 ■ JOSEPH F. DEMPSEY, 1936 -1972 ■ JOHN E. DEMPSEY, 1935 -1995 NICHOLAS J. MEEUWSEN, 1970 -1996 ■ LEWIS C. MAGNUSEN 1946 -1998 WRITTEN NOTICE OF CIRCUMSTANCES OF CLAIM PURSUANT TO WIS. STAT. § 893.80 (1)(A) TO: City of Oshkosh c/o Pamela Ubrig, City Clerk 215 Church Avenue Oshkosh, Wl 54901 NOTICE OF CIRCUMSTANCES OF CLAIM as required by Wis. Stat. § 893.80 (1)(a), is hereby served upon the City of Oshkosh. that Michael Panas and Cindy Panas suffered property damages and personal injuries on or about June 8, 9, and 12 of 2008, and they have a claim therefore under the following circumstances. 1. That Michael Panas is an adult residing at 54 Lake Street in Oshkosh, Wisconsin, and is the owner of certain real property and improvements located thereat. He is married to Cindy Panas. 2. That Cindy Panas is an adult residing at 54 Lake Street in Oshkosh, Wisconsin, and is the owner of certain real property and improvements located thereat (the "Property'). She is married to Michael Panas. 3. That on or about June 8 and 9 of 2008, and again on or about June 12, 2008, water and sewage entered their Property from water and sewer pipes installed and maintained by the City of Oshkosh. 4. That on or about June 8 and 9`of 2008, and again on or about June 12, 2008, Michael and Cindy Panas suffered significant and substantial property damages and personal injuries, including loss of use of the Property and lost time from work, when the water and sewage entered their Property and displaced the family from a portion of the living quarters. 5. That the City, by its agents, employees, representatives, and servants, was negligent in the design, construction, installation, and maintenance of the sewer and water pipes. 6. That as a direct and proximate result of the City's negligence, as alleged above, Michael and Cindy Michael and Cindy Panas suffered significant and substantial property damages and personal injuries, including loss of use of the Property and lost time from work, when the water and sewage entered their Property and displaced the family from a portion of the living quarters. PLEASE TAKE NOTICE that this is a Notice of Circumstances of Claim, Section 893.80 (1)(a), Wis. Stat. (2008). It is not a claim under Wis. Stat. § 893.80 (1)(b). Therefore, there is nothing for the City of Oshkosh to allow or disallow with respect to Page 1 of 2 this document. After Michael and Cindy Panas' claim is more fully evaluated, they will present a claim under Wis. Stat. § 893.80 (1)(b) for the City of Oshkosh to allow or disallow as it sees fit. There is no requirement that Michael Panas or Cindy Panas file a claim, as opposed to a Notice of Circumstances of Claim within 120 days of their January 8, 9, and 12 of 2008 injury. See Figgs v. City of Milwaukee 121 Wis. 2d 44, 357 N.W.2d 548, 552 (1984). Dated this 1S day of October, 2008. DEMPSEY, WILLIAMSON, KELLY & HERTEL, LLP Attorneys for Claimants, Michael Panas and Cindy Panas By: Peter J. Cul Bar No. 10%595 /ADDRESS: U.S. Bank Building One Pearl Avenue, P. O. Box 886 Oshkosh, Wi 54903 -0886 Telephone: (920) 235 -7300 Facsimile: (920) 235 -2011 Email peterc(@dempseylaw.com 07038930.WPD Page 2 of 2 = M FM MIDWEST Re: Program: League of Wisconsin Municipalities Insurance Plan CLAIMS SERVICE Our Insured: City of Oshkosh Date of loss: 06/12/2008 1700 Opdyke Court Claimant(s): Cindy Panas Auburn Hills, Michigan 48326 54 Lake St. (248) 371-3100 Oshkosh, WI 54901 (800) 225-6561 Our Claim #: W18 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 location 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(lg). 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. Barbara Hooks W Claims Adjuster Cc: HRH Insurance Services 7 A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.- p I _ November 5, 2008 Michael & Cindy Panas 54 Lake St. MIDWEST Oshkosh, WI 54901 CLAIMS SERVICE Re: Program: League of Wisconsin Municipalities Mutual Insurance Aubur n H Mi chigan Mi chigan court Our Insured: City of Oshkosh 48326 Date of Loss: 06/12/2008 (248) 371 -3100 Our Claim No: W18 135695 (800)225 -6661 Claimant: Michael & Cindy Panas (248) 371 -3091 faX Location: 54 Lake St. www.midwestclaims.com Dear Mr. & Mrs. Panas: 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 location 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, C Barbara Hooks Claims Adjuster cc: City of Oshkosh : Pam Ubrig Dempsey, Williamson, Kelly & Hertel, LLP (Attn Peter Culp) ti m HRH Insurance Services °� l , k A SUBSIDIARY OF HCC INSURANCE HOLDINGS, I1�C: MIDWEST October 15, 2008 CLAIMS SERVICE 1700 opdyke court Dempsey, Williamson, Kelly & Hertel, LLP Auburn Hills, Michigan Attn: Peter Culp 48326 US Bank Building (248) 371 -3100 One Pearl Ave (800) 225-6561 (248) 371 -3091 fax PO BOX 886 www.midwestclaims.com Oshkosh, WI 54903 Re: Program: League of Wisconsin Municipalities Mutual Insurance Our Insured: City of Oshkosh Date of Loss: 06/08/2008 & 06/12/2008 Our Claim #: W18 135482 & W18 135695 Claimant: Michael & Cindy Panas Location: 54 Lake Street Dear Mr. Culp: 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 Notice of Circumstances for the above - stated incident, in which the claimant states that property damage was sustained due to a sewer backup /flooding on June 8, 2008 and June 12, 2008. Please be advised that we are currently in the process of investigating this matter with the City of Oshkosh. Once we have made our liability determination we will notify the claimant by mail Please mitigate and document any and all damages being claimed. If you have any questions in the interim, please contact Midwest Claims Service, Inc. Sincerely, Barbara Hooks Claims Adjuster Cc: City of Oshkosh: Pam Ubrig HRH Insurance Services 4 OCT 2 0 2008 I A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.-