HomeMy WebLinkAbout09-218JUNE 9, 2009 09 -218 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY JOHN BANGS
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:
John Bangs DATE OF LOSS: 5/11/2009
(alleges rough road on Poberezny Road damaged vehicle tire)
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. 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 the claimant alleges that the tire on his vehicle was damaged by rough road
conditions encountered on Poberezny Rd. '/4 mile north of Fisk Avenue West.
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 the City of Oshkosh. Our
investigation has revealed that location that this incident took place is outside the jurisdiction of the City of
Oshkosh. The location where the damage occurred would be the responsibility of Winnebago County and
tl:e claimant would need to seek relief from Winnebago County for his damages.
`- Please send your denial directly to the claimant. 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.
k iy,- - -. �, j vano = t i�AY 2 9 2009 Adjuster° '" s
CC: WILLIS HRH g � y a
x
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.-
May 19, 2009
MIDWEST
City of Oshkosh
CLAIMS SERVICE
Attu: Pamela Ubrig
1700 Opdyke court
215 Church Ave.
Auburn Hills, Michigan
P.O. Box 1130
48326
Oshkosh, WI 54903 - 1130
(248) 371 -3100
(800) 225 -6561
(248) 371 -3091 fax
www.midwestclaims.com
Re: Program:
League of Wisconsin Municipalities Mutual
Insurance
Our Insured:
City of Oshkosh
Date of loss:
5/11/2009
Our Claim #:
WI8 140722
Claimant:
John Bangs
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 the claimant alleges that the tire on his vehicle was damaged by rough road
conditions encountered on Poberezny Rd. '/4 mile north of Fisk Avenue West.
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 the City of Oshkosh. Our
investigation has revealed that location that this incident took place is outside the jurisdiction of the City of
Oshkosh. The location where the damage occurred would be the responsibility of Winnebago County and
tl:e claimant would need to seek relief from Winnebago County for his damages.
`- Please send your denial directly to the claimant. 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.
k iy,- - -. �, j vano = t i�AY 2 9 2009 Adjuster° '" s
CC: WILLIS HRH g � y a
x
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.-