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HomeMy WebLinkAbout09-288JULY 28, 2009 09 -288 RESOLUTION (CARRIED 7 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: DISALLOWANCE OF CLAIM BY JOE HONSA INITIATED BY: LEGAL DEPARTMENT WHEREAS, the following claim has been referred to the City's insurance carrier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. July 20, 2009 City of Oshkosh 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 was no negligence on behalf of the City of Oshkosh. We have confirmed that workers were cutting expansion cracks in front of Lakeside Marina at 902 Taft Ave. on May 16, 2009. However, our investigation has revealed that Carl Bowers and Sons Construction Company entered into a contract with the City of Oshkosh, in which that Carl Bowers and Sons Construction Company is to hold the City harmless for the construction activities at this location. The City of Oshkosh is listed as an additional insured on that Carl Bowers and Sons Construction Company's Certificate of Insurance through General Casualty. Thus, the claimant will have to seek relief for his damages through Carl Bowers and Sons Construction Company. 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 t cal me at 1- 800 - 225 -6561 (ext. 3134). Thank you. Sincerely, ................... F5 JUL 2 2 2009 i� CI TY CL .-N 01 FICE A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.- Attn: Pamela Ubrig P.O. Box 1130 Oshkosh, WI 54903 -1130 MIDWEST CLAIMS SERVICE Re: Program: League of Municipalities Mutual Insurance 1700 Opdyke Court Our Insured: City of Oshkosh Auburn Hills, Michigan Date of Loss: 5/16/2009 48326 Our Claim # WI8 140986 (248) 371 -3100 Claimant: Joe Honsa (800) 225 -6561 (248) 371 -3091 fax www.midwestclaims.com REVISED 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 was no negligence on behalf of the City of Oshkosh. We have confirmed that workers were cutting expansion cracks in front of Lakeside Marina at 902 Taft Ave. on May 16, 2009. However, our investigation has revealed that Carl Bowers and Sons Construction Company entered into a contract with the City of Oshkosh, in which that Carl Bowers and Sons Construction Company is to hold the City harmless for the construction activities at this location. The City of Oshkosh is listed as an additional insured on that Carl Bowers and Sons Construction Company's Certificate of Insurance through General Casualty. Thus, the claimant will have to seek relief for his damages through Carl Bowers and Sons Construction Company. 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 t cal me at 1- 800 - 225 -6561 (ext. 3134). Thank you. Sincerely, ................... F5 JUL 2 2 2009 i� CI TY CL .-N 01 FICE A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.-