HomeMy WebLinkAbout09-266JULY 14, 2009 09 -266 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY JOE HONSA
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:
Joe Honsa DATE OF LOSS: 5/17/2009
(vehicle damage from alleged city crew doing concrete work in area)
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 12, 2009
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
P.O. Box 1130
Oshkosh, WI 54903 -1130
Re: Program: League of Municipalities Mutual Insurance
Our Insured: City of Oshkosh
Date of Loss: 5/17/2009
Our Claim # WI8 140986
Claimant: Joe Honsa
Dear Ms. Ubrig:
Midwest Claims Service, Inc. administers the claims for the League of Municipalities Mutual
Insurance, of which the City of Oshkosh is insured. We are in receipt of the above - stated claim in
which the claimant alleges damages to his vehicle resulting from airborne concrete debris that was
thrown by City concrete workers while cutting expansion cracks in a new concrete road project by
902 Taft- Lakeside Marina. .
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 City of Oshkosh. There
is not enough evidence to support the claimant's allegations. Our .investigation has revealed that no
City employees or concrete subcontractors were working on the alleged date of loss that could
have caused the alleged damage. At this time we do not have enough evidence to support that the
claimant's vehicle sustained damages due to any on activity performed by City concrete workers.
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.
D:
JUN 17 2009 D
CITY CLERK'S OFFICE
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC''