HomeMy WebLinkAbout09-126APRIL 14, 2009 09 -126 RESOLUTION
(CARRIED 6 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY MARK SHOWERS /DEMPSEY
WILLIAMSON, KELLY & HERTEL
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:
Mark Showers /Dempsey, Williamson, Kelly & Hertel DATE OF LOSS 6/8/2008
(alleged property damages as a result of flooding)
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.
February 27, 2009
Mark Showers
Real Marketing, LLC
Showers Appraisals
601 W 6 Ave
Oshkosh, WI 54902
MAR 0 4 2009 DD
CITY CLERK'S OFFICE
1700 Opdyke Court
Auburn Hills, Michigan
48326
Re: Program:
League of Wisconsin Municipalities Mutual Insurance
Our insured:
City of Oshkosh
(248) 371 -3100
Date of Loss:
06/12/2008
(800)
Our Claim No:
WI8 135695
(248) 371 --3091 3091 fax
Claimant:
Mark Showers/ Real Marketing, LLC /Showers Appraisals
www.midwestciaims.com
Locations:
601 W 6 U ' Ave, Oshkosh, WI 54902
Dear Mr. Showers:
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 do not find
any 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. Additionally, the
construction on Ohio Street did not contribute to this incident. Due to the lack of
negligence on behalf of the City of Oshkosh, we respectfully deny your claim for property
damages.
Sincerely,
Barbara Hooks
Claims Adjuster
cc: City of Oshkosh : Pam Ubrig
Dempsey, Williamson, Kelly & Hertal, LLP: Daniel Posanski
HRH Insurance Services
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.-