HomeMy WebLinkAbout09-239.docJUNE 23, 2009 09 -239 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY LANG OIL
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:
Lang Oil Inc. DATE OF LOSS: 8/9/2008
(property damages alleged from Ohio Street reconstruction)
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.
June 3, 2009
City of Oshkosh
Attn: Pamela Ubrig
P.O. Box 1130
Oshkosh, WI 54903 -1130
1700 Opdyke Court
Auburn Hills, Michigan
48326
Re: Program:
League of Wisconsin Municipalities Mutual
(248) 371 -3100
Insurance
(800) 225 -6561
Our Insured:
City of Oshkosh
(248) 371 -3091 fax
Date of loss:
8/1/2008
www.midwestclaims.com
Our Claim #:
WI8 140925
Claimant:
Lang Oil, Inc., 15 Sterling Avenue, Oshkosh, WI
54901
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 City is responsible for damage to the building located at
305 Ohio St. in Oshkosh that occurred during a highway improvement project.
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 the City of Oshkosh did not have jurisdiction concerning this matter.
Our investigation has revealed that the highway improvement construction activities in this area were not
performed by the City of Oshkosh. This was a WDOT project and the contractor involved was employed
by the State of Wisconsin. The claimant would need to seek relief from the State of Wisconsin for the
damages alleged.
Please send your denial directly to the claimant, Lang Oil, Inc. 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.
cere ,
Jo ano
ims Adjuster
Cc: WILLIS HRH
D V E
JUN 0 8 2009 DD
CITY`CLERK'S OFFICE
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.'