HomeMy WebLinkAbout09-86MARCH 24, 2009 09 -86 RESOLUTION
(CARRIED 5 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY JANE PUTNAM
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:
Jane Putnam DATE OF LOSS: 1/7/2009
(snowplow truck allegedly threw an ice chunk & damaged siding)
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.
March 5, 2009
City of Oshkosh
Attn: Pamela Ubrig
215 Church Ave.
P.O. Box 1130
Oshkosh, WI 54903 -1130
1700 Opdyke Court
Auburn Hills, Michigan
48326
Re: Program:
Our Ins
(248) 371 -3100
Date of loss:
(800) 225 -6561
(248) 371 -3091 fax
Our Claim #:
Claimant:
www.midwestclaims.com
Dear Ms. Ubrig,
League of Wisconsin Municipalities Mutual Insurance
City of Oshkosh
2/3/2009
WI8 139668
Jane Putnam
Midwest Claims Service, Inc. administers the claims for the League of Wisconsin 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 damage to the siding at her
home. It is alleged that a city plow drove too fast in front of her home while plowing, causing a
chunk of ice to be thrown in the air and placing a hole in the siding on her home.
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 should be that there was no negligence on City of Oshkosh. Our
investigation has revealed that that there is no proof that a city plow was involved in'the alleged
incident. Additionally, there is no proof that the city plow operated in a willful and malicious
manner as alleged.
Please send your denial directly to the claimant. This denial should be sent certified or registered
(restricted) 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,
Adjuster
CC: HRH Insurance Services
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-I = MAR 0.9 2009
CITY L x-, • S ." R,
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.'