HomeMy WebLinkAbout09-387OCTOBER 13, 2009 09 -387 RESOLUTION
(CARRIED LOST LAID OVER X WITHDRAWN )
UNTIL 10/27/2009
PURPOSE: DISALLOWANCE OF CLAIM BY FRANK ST. JOHN
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:
Frank St. John 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.
T 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
Re: Program:
League of Wisconsin Municipalities Mutual Insurance
Our Insured:
City of Oshkosh
Date of loss:
6/18/2009
Our Claim #:
WI8 141887
Claimant:
Frank St. John: 1936 Oregon Street, Oshkosh, WI 54902
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, Frank St. John, sustained damage to his vehicle when he failed to yield
right -of -way at the intersection of 8 Ave. and Nebraska Street on June 18, 2009. The claimant collided
with another vehicle, driven by Cynthia Aaronson, and alleges that the cause of this accident is the fact that
the yield sign was obstructed by a "No Parking" sign installed by the City of Oshkosh. The claimant
alleges that due to this obstruction he failed to see the yield sign and subsequently collided with Ms
Aaronson's vehicle.
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 claimant, 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.
Please send your denial directly to Frank St. John at the above listed address This denial should be sent
certified or registered (restricted) 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.
Sincerely, 1 (044
C Jessica owther, C
Senior Claims Adjuster
Enclosure
CC: WILLIS HRH
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.'