HomeMy WebLinkAbout09-124APRIL 14, 2009 09 -124 RESOLUTION
(CARRIED 6 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY FELIX ARRINGTON
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:
Felix Arrington DATE OF LOSS: 2/3/2009
(claimant alleges ice /snow was never removed from around mailbox resulting in
vehicle sliding into mailbox)
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.
Dear Ms. Ubrig:
Midwest Claims Service, Inc. is the claims administrator 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 his vehicle when he slid on a patch of ice and
into several mailboxes at a condominium complex.
We have completed our investigation of this claim and recommend that 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 that there is no negligence on behalf of the City of Oshkosh. The area in
questions is not within the jurisdiction of the City.
Please send your denial directly to the claimant at the above - stated address. Your 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 a copy of your denial to our address as stated above. If you have any
questions, please feel free to call me at 1- 800 - 225 -6561 x3092.
Sincerely,
wv� &W_zt'
Melissa Reitter
Claims Adjuster
Enclosures
cc: Baer Insurances Services
MAR 30 2009 I..R�.
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.-
March 26, 2009
City of Oshkosh
MIDWEST
Attn: Pamela Ubrig
CLAIMS SERVICE
215 Church Ave.
P.O. Box 1130
Oshkosh, WI 54903 -1130
1700 Opdyke Court
Auburn Hills, Michigan
48326
Re'
(248) 371 -3100
Program:
League of Wisconsin Municipalities Mutual Insurance
(800) 225 -6561
(248) 371 -3091 fax
Our Insured:
City of Oshkosh
www.midwestolaims.com
Date of Loss:
02/03/2009
Our Claim #:
WI8 139357
Claimant:
Felix Arington
2255 A Brookview Ct.
Oshkosh, WI 54904
Dear Ms. Ubrig:
Midwest Claims Service, Inc. is the claims administrator 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 his vehicle when he slid on a patch of ice and
into several mailboxes at a condominium complex.
We have completed our investigation of this claim and recommend that 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 that there is no negligence on behalf of the City of Oshkosh. The area in
questions is not within the jurisdiction of the City.
Please send your denial directly to the claimant at the above - stated address. Your 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 a copy of your denial to our address as stated above. If you have any
questions, please feel free to call me at 1- 800 - 225 -6561 x3092.
Sincerely,
wv� &W_zt'
Melissa Reitter
Claims Adjuster
Enclosures
cc: Baer Insurances Services
MAR 30 2009 I..R�.
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.-