HomeMy WebLinkAbout09-125APRIL 14, 2009 09 -125 RESOLUTION
(CARRIED 6 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY SCOTT SCHUHART
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:
Scott Schuhart DATE OF LOSS: 2/25/2009
(for property damage allegedly from a water & sewage backup)
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 25, 2009
Dear Ms. Ubrig,
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 subrogation claim in which the claimant sustained damages due to a
sewer backup.
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 behalf of the City of Oshkosh.
Our investigation has revealed that the cause of the sewer backup was a blockage in the City's
main sanitary sewer line due to debris. The City of Oshkosh did not have prior notice of the
blockage and upon notice remedied the situation.. A municipality has no liability unless it knew,
or should have known, of the existence of a defect and had a reasonable amount of time to repair
the defect.
Please send your denial letters to the above - listed claimant, Homestead Mutual, in regards to their
subrogation claim. The denial letter should be sent certified or registered mail (restricted) 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. 3134).
City of Oshkosh
Attn: Pamela Ubrig
MAR 4 CDG9
215 Church Ave.
.
P.O. Box 1130
Oshkosh, WI 54903 -1130
MIDWEST
CLAIMS SERVICE
Re: Program:
League of Wisconsin Municipalities Mutual Insurance
1700 Opdyke Court
Our Insured:
City of Oshkosh
Auburn Hills, Michigan
Date of loss:
2/25/2009
48326
Our Claim #:
WI8 139933
(248) 371 -3100
(800) 225 -6561
Claimant:
Homestead Mutual, Attn: Jeff Selle, 5291 County Rd H,
(248) 371 -3091 fax
Larsen, WI 544947
www.midwestclaims.com
Their Claim #:
090027
Their Insured:
Scott Schuhart
Dear Ms. Ubrig,
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 subrogation claim in which the claimant sustained damages due to a
sewer backup.
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 behalf of the City of Oshkosh.
Our investigation has revealed that the cause of the sewer backup was a blockage in the City's
main sanitary sewer line due to debris. The City of Oshkosh did not have prior notice of the
blockage and upon notice remedied the situation.. A municipality has no liability unless it knew,
or should have known, of the existence of a defect and had a reasonable amount of time to repair
the defect.
Please send your denial letters to the above - listed claimant, Homestead Mutual, in regards to their
subrogation claim. The denial letter should be sent certified or registered mail (restricted) 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. 3134).
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.'
MAR 4 CDG9
w
.
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.'