HomeMy WebLinkAbout09-152APRIL 28, 2009 09 -152 RESOLUTION
(CARRIED 5 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY GEORGE SCHNEIDER
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:
George Schneider DATE OF LOSS: 3/3/2009
(damages to property from police allegedly entering premises)
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.
April 9, 2009
� v
1700 Opdyke Court
Auburn Hills, Michigan
48326
(248) 371 -3100
(800) 225 -6561
(248) 371 -3091 fax
www.midwestclaims.com
City of Oshkosh
Attn: Pamela Ubrig
215 Church Ave.
P.O. Box 1130
Oshkosh, WI 54903 -1130
Re: Program:
League of Wisconsin Municipalities Mutual Insurance
Our Insured:
City of Oshkosh
Date of loss:
3/03/2009
Our Claim #:
WI8 139993
Claimant:
George Schneider
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 claim, in which damage was sustained to the claimant's property. The
City of Oshkosh Police Department forced entry to the claimant's property located at 1205
Josslyn Street.
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 six months. The basis of this denial is that the City of Oshkosh is entitled to governmental
immunity. The City of Oshkosh Police Department was performing a governmental function.
Immunity is allowed if discretionary acts of public employees involved are "governmental."
Please send your denial directly to the claimant at the above listed address. This 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 denial to our address as stated above.
Sincerely,
Jessica Lowther, SCLA
Senior Claims Adjuster
Enclosure
CC: WILLIS HRH
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.-