HomeMy WebLinkAbout09-217JUNE 9, 2009 09 -217 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY STATE FARM INSURANCE
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:
State Farm Insurance DATE OF LOSS: 2/9/2009
(for property damages alleged from City thawing water line)
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.
May 28, 2009
1
MIDWEST
CLAIMS SERVICE
1700 Opdyke Court
Auburn Hills, Michigan
48326
(248) 371 -3100
(800) 225 -6561
(248) 371 -3091 fax
www.midwestclaims.com
Dear Ms. Ubrig,
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:
2/9/2009
Our Claim #:
WI8 140590
Their Insured:
Mark Iloegh
Their Claim #:
49 -17315 -518
Claimant:
State Farm Insurance Companies
Subrogation Services
P.O. Box 2375
Bloomington, Illinois 61702
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 subrogation claim in which the claimant is alleging that City of
Oshkosh is negligent for the damage to his appliances as a result of a power surge to his house
while the City was conducting a routine procedure to thaw his water line.
We have completed our investigation of this claim and recommend that the City of Oshkosh deny
his 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 is that the City of Oshkosh is not negligent with regard to this matter.
Our investigation revealed that the City was following the proper procedures when using the
welding machine to thaw his water line, and the appropriate amount of power was utilized for the
welding machine for this procedure. There was nothing seen that lead the City to believe that
following routine thawing procedures for the claimant's water line would cause an accidental
short to his appliances. None of the water department employees' actions were willful, malicious
and intentional during the course of the routine water line thawing procedures and the City would
have judgmental immunity.
Please send your denial directly to State Farm Insurance Companies at the above listed 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.
Sincerely,
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.-
Adjuster
CC: WILLIS HRH