HomeMy WebLinkAbout09-307AUGUST 11, 2009 09 -307 RESOLUTION
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY THOMAS & KAY METTLACH
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:
Thomas & Kay Mettlach DATE OF LOSS: 4/23/2009
(for property damages alleged from a sewer back -up)
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 13, 2009
MIDWEST
CLAIMS SERVICE
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:
Our Insured:
Date of loss:
Our Claim #:
Claimant:
Dear Ms. Ubrig,
League of Wisconsin Municipalities Mutual Insurance
City of Oshkosh
4/23/2009
WI8 140926
Thomas Mettlach
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 sustained damages due to a sewer backup.
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 cause of the sewer backup was a debris blockage in the
City's main sanitary sewer line that occurred during routine sewer maintenance flushing
activities. The City of Oshkosh did not have prior notice of the blockage and upon notice
remedied the situation. 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 repair the defect. Furthermore,
the City would also have immunity from negligence based these acts involving the exercise of
judgment and discretion during the routine sewer maintenance activities.
Please send your denial letter to the above - listed claimant. The denial letter should be sent
certified or registered mail (restricted) 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).
uster
Cc: WILLIS HRH
F D Y F_ } �
JUL 152009
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A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.-