HomeMy WebLinkAbout09-268JULY 14, 2009 09 -268 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY MARY KAY RATHE
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:
Mary Kay Rathe DATE OF LOSS: 3/17/2009
(for injuries due to allegedly falling at the Senior Center during a soup luncheon)
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 15, 2009
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
Re: Program:
League of Wisconsin Municipalities Mutual Insurance
Our Insured:
City of Oshkosh
Date of loss:
3/17/2009
Our Claim #:
VVI8 140338
Claimant:
Mary Kay Rathe
104 Wyldeberry Lane
Oshkosh, WI 54904
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, Mary Kay Rathe, sustained bodily injury when she slipped and fell
while at the Oshkosh Senior Center. The claimant alleges that she slipped and fell on stew that had spilled
onto the floor during a luncheon at the Senior Center.
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 was no negligence on behalf of the City of Oshkosh. Our
investigation has revealed that the Senior Center's maintenance staff was in the process of responding to
this spill when the incident occurred. The City would be allowed a reasonable amount of time to respond
to this type of incident. A municipality has no liability unless it knew, or should have known, of the
existence of a defect and had a reasonable amount of time to remedy the defect.
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
D ECEVE D
JUN 1 2009
CITY CLERK'S OFFICE
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.-