HomeMy WebLinkAbout09-409OCTOBER 27, 2009 09 -409 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY JULIE MCCORKLE
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:
Julie McCorkle DATE OF LOSS: 7/8/2009
(for alleged damage to vehicle tire as a result of hitting an object in the road)
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.
October 2, 2009
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
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:
07/08/2009
Our Claim #
WI8 142846
Claimant:
Juliet McCorkle
Dear Ms. Ubrig:
Midwest Claims Service, Inc. is the claims administrator for the League of Wisconsin
Municipalities Mutual Insurance who provides the insurance coverage for the City of
Oshkosh. We received a claim in which the claimant alleges she hit a piece of metal while
traveling west on 20th Avenue. The date of incident was July 8, 2009.
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 state that there is no
negligence on behalf of the City of Oshkosh. Our investigation has revealed that the City
did not have prior notice of the piece of metal in the roadway. 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 letter directly to the claimant at Juliet McCorkle, 655 Grove Street
Oshkosh, WI 54901. Your denial 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
a copy of your denial to our address as stated above. If you have any further questions,
please feel free to call me at 800- 225 -6561.
Sincerely,
Shannon Fike
Claims Adjuster
Enclosure — sample letter
cc: WILLIS HRH
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.'