HomeMy WebLinkAbout09-122APRIL 14, 2009 09 -122 RESOLUTION
(CARRIED 6 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY GENE LANGENECKER
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:
Gene Langenecker DATE OF LOSS: 1/28/2009
(claimant alleges after broken water main was repaired, ice accumulated in
driveway resulting in damage to vehicle)
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 23, 2009
City of Oshkosh
Attn: Pamela Ubrig
P.O. Box 1130
Oshkosh, WI 54902
1700 Opdyke Court
Re:
Auburn Hills, Michigan
Program:
48326
Our Insured:
(248) 371 -3100
Date of Loss:
(800) 225 - 6561
Our Claim #:
(248) 371 -3091 fax
Claimant:
www.midwestclaims.com
Dear Ms. Ubrig:
League of Wisconsin Municipalities Mutual Insurance
City of Oshkosh
01/28/2009
WI8 139356
Gene Langenecker
914 W. Bent Ave.
Oshkosh, WI 54901
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 alleged that he sustained
damage to his vehicle due to hitting a pile of ice /snow as he entered his driveway. The claimant
feels that the City failed to remove the pile of ice /snow from the roadway after a water main break
in the City.
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(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 should be that our investigation did not find any negligence on
behalf of City of Oshkosh. No one from the City recalls leaving a pile of ice /snow in front of the
claimant's driveway.
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 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,
Melissa Reitter
Claims Adjuster'
Enclosures
cc: Willis HRH
�•� � ; 1 I
MAR 2 6 2009°
CITY G
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.-