HomeMy WebLinkAbout09-388OCTOBER 13, 2009 09 -388 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY AMERICAN FAMILY
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:
American Family on behalf of Cynthia Aaronson DATE OF LOSS: 6/18/2009
(for vehicle damages alleged from a sign obstruction)
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.
1 2009
1700 Opdyke Court
Auburn Hills, Michigan
48326
(248) 371 -3100
(800) 225 -6561
(248) 371 -3091 fax
www.midwestclaims.com
Dear Ms. Ubrig,
September 28, 2009
City of Oshkosh
Attn: Pam Ubrig
215 Church Ave.
P.O. Box 1130
Oshkosh, WI 54903 -1130
Re: Program:
League of Wisconsin Municipalities Mutual Insurance
Our Insured:
City of Oshkosh
Date of loss:
6/18/2009
Our Claim #:
WI8 141887
Claimant:
American Family Insurance Group
6000 American Pkwy
Madison, WI 53783
Their Insured: Cynthia Aaronson
Their Claim #: 00 -41 -589- 291 -0417
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 subrogation claim in which the claimant, American Family Insurance Group, has paid damages on
behalf their insured, Cynthia Aaronson. Ms. Aaronson sustained damage to her vehicle and sustained
bodily injury when she was involved in a motor vehicle accident at the intersect ion of 8` Ave. and
Nebraska Street on June 18, 2009. Ms. Aaronson was struck by another vehicle, driven by Frank St. John,
and American Family Insurance Group alleges that the cause of this accident is the fact that Mr. St. John's
yield sign was obstructed by a "No Parking" sign installed by the City of Oshkosh.
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 the City of Oshkosh is not liable for this accident. Our investigation
has revealed that the proximate cause of this accident was the negligence of the other driver, Frank St.
John, as he failed to pay attention to his surroundings and the intersection in general. To begin, the yield
sign, at any angle, was not completely obstructed by the "No Parking" sign. Based on our review of the
scene and photographs, the yield sign would have become fully visible as one approaches the intersection
Additionally, the City of Oshkosh would be entitled to discretionary immunity for the placement of the
signage.
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.-