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HomeMy WebLinkAbout09-123APRIL 14, 2009 09 -123 RESOLUTION (CARRIED 6 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: DISALLOWANCE OF CLAIM BY ERIC EDGERLY INITIATED BY: LEGAL DEPARTMENT WHEREAS, the following claim has been referred to the City's insurance carrier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: Eric Edgerly DATE OF LOSS: 3/10/2009 (damage to his vehicle from snow plow allegedly hitting side mirror) 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. I Z 1700 Opdyke Court Auburn Hills, Michigan 48326 (248) 371 -3100 (800) 225 -6561 (248) 371 -3091 fax www.midwestclaims.com Dear Ms. Ubrig: March 23, 2009 City of Oshkosh Attn: Pamela Ubrig 215 Church Ave. P.O. Box 1130 Oshkosh, WI 54903 -1130 Re: Program: League of Municipalities Mutual Insurance Our Insured: City of Oshkosh Date of Loss: 3/10/2009 Our Claim # WI8 139934 Claimant: Eric Edgerly, 2020 Wisconsin St, Apt 207, Oshkosh, WI 54901 Midwest Claims Service, Inc. administers the claims for the League of Municipalities Mutual Insurance, of which the City of Oshkosh is insured. We are in receipt of the above - stated claim in which the claimant alleges damages to the driver's side mirror of his vehicle resulting from snow thrown from a City plow while his vehicle was parked at 1643 Nebraska St. 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 is no negligence on behalf of City of Oshkosh. There is not enough evidence to support the claimant's allegations. At this time we do not have enough evidence to support that the claimant's vehicle sustained damages due to any on activity performed by a City plow. Please send your denial directly to the claimant at the above - stated address. This 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 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). Thank you. ohn uster cc: WILLIS HRH A SUBSIDIARY OF HCC INSURANCE HOLDINGS. INC." .. a... N s MAR 2 5 2009.n� j r CE '`x ° Re: Program: League of Municipalities Mutual Insurance Our Insured: City of Oshkosh Date of Loss: 3/10/2009 Our Claim # WI8 139934 Claimant: Eric Edgerly, 2020 Wisconsin St, Apt 207, Oshkosh, WI 54901 Midwest Claims Service, Inc. administers the claims for the League of Municipalities Mutual Insurance, of which the City of Oshkosh is insured. We are in receipt of the above - stated claim in which the claimant alleges damages to the driver's side mirror of his vehicle resulting from snow thrown from a City plow while his vehicle was parked at 1643 Nebraska St. 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 is no negligence on behalf of City of Oshkosh. There is not enough evidence to support the claimant's allegations. At this time we do not have enough evidence to support that the claimant's vehicle sustained damages due to any on activity performed by a City plow. Please send your denial directly to the claimant at the above - stated address. This 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 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). Thank you. ohn uster cc: WILLIS HRH A SUBSIDIARY OF HCC INSURANCE HOLDINGS. INC."