HomeMy WebLinkAbout09-72MARCH 10, 2009 09 -72 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY FRANK & TANYA GOTSCHIKA
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:
Frank & Tanya Gotschika DATE OF LOSS: 12/28/2008
(snowplow truck allegedly threw an ice chunk and damaged vehicle)
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.
MIDWEST
CLAIMS SERVICE
1700 Opdyke Court
Auburn Hills, Michigan
48326
(248) 371 -3100
(800) 225 -6561
(248) 371 -3091 fax
www.midwestclaims.com
February 4, 2009
City of Oshkosh
Attn: Pamela Ubrig
215 Church Ave
P.O. Box 1130
Oshkosh, WI 54903 -1130
FEB 0 9 2099 i
CITY CXJ
Re: Program: League of Wisconsin Municipalities Mutual Insurance
Our Insured: City of Oshkosh
Date of Loss: 12/28/2008
Our Claim #: W18 138527
Claimant: Frank & Tanya Gotschika
Dear Ms. Ubrig:
Midwest Claims Service, Inc. is the claim administrator for the League of
Wisconsin Municipalities Mutual Insurance who provides the insurance coverage
for the City of Oshkosh. We have received notice of the above - stated claim in
which a City snowplow allegedly threw an ice chunk into the rear window of the
claimant's vehicle. The incident occurred on December 28, 2008.
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(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 this denial is due to the fact that we do not find negligence on
behalf of the City of Oshkosh. There is no evidence to prove that a City
snowplow threw ice up the driveway and onto the claimant's rear window.
Regardless of where the ice came from, this is considered a road hazard and the
City has no control over such occurrences. In the absence of negligence on
behalf of the City of Oshkosh, Midwest Claim Service will not be able to honor
this claim.
Please send your denial letter directly to the claimant, Tanya & Frank
Gotschika at 225 E Parkway Apt A, Oshkosh, WI 54901. Your 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 a copy of your denial to our
address as stated above. If you have any further questions, please feel free to
call me at 1- 800 - 225 -6561 x3099.
Sincerely,
V�_
Shannon Fike
Claims Adjuster
Enclosure — sample letter
cc: HRH Insurance Services
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC."