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HomeMy WebLinkAbout09-306July 30, 2009 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 damage to his vehicle due to striking a series of road depressions in the gravel shoulder on Washburn Road behind the Kwik Trip convenience store. 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(ig). 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 City had no prior notice of the series of road depressions, and upon notification the City arranged to repair the issue. A municipality has no liability unless it knew, or should have known, of the existence of the defect and had a reasonable amount of time to repair the defect. 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. M mil.- -e / L� AUG 4 3 2009 1 D CIS' C L £ ' _Zl� U 1`FIC A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.- City of Oshkosh Attn: Pamela Ubrig P.O. Box 1130 Oshkosh, WI 54903 -1130 MIDWEST CLAIMS SERVICE League of Wisconsin Municipalities Mutua Re: Program: 1700 Opdyke Court Auburn Hills, Michigan Our Insured: Insurance City of Oshkosh 48326 Date of loss: 5/22/2009 (248) 371 -3100 Our Claim #: WI8 141888 (800) 225 -6561 (248) 371 -3091 fax Claimant: John C. Coulter, Jr www.midwestclaims.com 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 sustained damage to his vehicle due to striking a series of road depressions in the gravel shoulder on Washburn Road behind the Kwik Trip convenience store. 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(ig). 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 City had no prior notice of the series of road depressions, and upon notification the City arranged to repair the issue. A municipality has no liability unless it knew, or should have known, of the existence of the defect and had a reasonable amount of time to repair the defect. 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. M mil.- -e / L� AUG 4 3 2009 1 D CIS' C L £ ' _Zl� U 1`FIC A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.- AUGUST 11, 2009 09 -306 RESOLUTION (CARRIED 7 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: DISALLOWANCE OF CLAIM BY JOHN COULTER 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: John Coulter DATE OF LOSS: 5/22/2009 (for alleged damage to his vehicle as a result of hitting pot holes on Washburn Street) 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.