HomeMy WebLinkAbout09-57FEBRUARY 24, 2009 09 -57 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY DEBORAH WYLIE
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:
Deborah Wylie DATE OF LOSS: 7/1/2008
(for injuries due to falling after swing chain broke at Little Oshkosh in Menominee
Park)
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.
1700 Opdyke Court
Auburn Hills, Michigan
48326
(248) 371 -3100
(800) 225 -6561
(248) 371 -3091 fax
www.midwestclaims.com
Dear Ms. Ubrig,
February 4, 2009 t Fig 0 9 2009
City of Oshkosh .,a't'r'� .,a ';�s'yC
Attn: Pamela Ubrig
215 Church Ave.
P.O. Box 1130
Oshkosh, WI 54903 -1130
Re: Program: League of Municipalities Mutual Insurance
Our Insured: City of Oshkosh
Date of loss:. 7/1/2008
Our Claim #: W18136748
Claimant: Deborah Wylie
Midwest Claims Service, Inc. administers the claims for the League of Municipalities Mutual Insurance
who provides the insurance coverage for the City of Oshkosh. We are in receipt of the above - stated claim
in which the claimant sustained bodily injury at Menominee Park. The claimant has alleged that the chain
on a swing she was using broke, causing her to fall onto the ground.
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(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 this denial is that the City of Oshkosh was not negligent with regard to this situation. The City
did not have actual or constructive notice of a defect concerning this swing set. A municipality is not liable
unless it knew or should have known of a defect, and failed to repair the defect in a reasonable amount of
time. Additionally, the City is entitled to governmental immunity.
Please send your denial directly to the claimant at the above listed address. This denial should be sent
certified or registered mail 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.
Sincerely,
Jessica Lowther, SCLA
Senior Claims Adjuster.
CC: HRH Insurance Services
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.-
1700 Opdyke Court
Auburn Hills, Michigan
48326
(248) 371 -3100
(800) 225 -6561
(248) 371 -3091 fax
www.midwestclaims.com
February 4, 2009
Deborah Wylie
1303 Liberty Street
Oshkosh, WI 54901
Re: Program:
Our Insured:
Date of loss:
Our Claim #:
Claimant:
Dear Ms. Wylie,
- - (� !�':
D)
I
F11 I FEB 092009 € !
CITY $�E ()A - F1 1 C E
League of Municipalities Mutual Insurance
City of Oshkosh
7/1/2008
WI8 136748
Deborah Wylie
Midwest Claims Service, Inc. administers the claims for the League of Municipalities Mutual
Insurance who provides the insurance coverage for the City of Oshkosh. We are in receipt of the
above - stated claim in which you sustained an injury while at the Menominee Park. You have
alleged that the chain broke on a swing that you were using, causing you to fall to the ground.
Please be advised that we have completed our investigation with our insured and will be
recommending that the City deny this matter. Our investigation revealed that there is no
negligence on behalf of the City of Oshkosh. Should you have any additional information that
you would like Midwest Claims Service to consider, please forward such to our office.
Sincerely,
Jessica Lowther, SCLA
Senior Claims Adjuster
Cc: City of Oshkosh
HRH Insurance Services
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC."