HomeMy WebLinkAbout09-447NOVEMBER 24, 2009 09 -447 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY VICTORIA TOWNS
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:
Victoria Towns DATE OF LOSS: 8/4/2009
(for injuries alleged from tripping on the sidewalk)
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.
November 3, 2009
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City of Oshkosh
Attn: Pamela Ubrig
215 Church Ave.
P.O. Box 1130
Oshkosh, WI 54903 -1130
1700 Opdyke Court
Re: Program:
League of Wisconsin Municipalities Mutual Insurance
Auburn Hills, Michigan
Our Insured:
"
' r
NOV 0 2009 JU
7/29/2009
(248) 371 -3100
1700 Opdyke Court
Re: Program:
League of Wisconsin Municipalities Mutual Insurance
Auburn Hills, Michigan
Our Insured:
City of Oshkosh
48326
Date of loss:
7/29/2009
(248) 371 -3100
(800) 225 -6561
Our Claim #:
WI8 142703
(248) 371 -3091 fax
Claimant:
Victoria Towns
www.midwestclaims.com
100 Court Street Apt. #1102
Oshkosh, WI 54902
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 allegedly sustained bodily injury when she
tripped on the curb adjacent to the sidewalk near the public library. Specifically, this curb
surrounds landscaping and is adjacent to the sidewalk that meets the east parking lot of the public
library.
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 is no negligence on behalf of the City of
Oshkosh. Our investigation has revealed that the curb is not defective and is not the proximate
cause of this incident. The claimant failed to watch her surroundings and tripped on a curb that is
not defective.
Please send your denial directly to the claimant. 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,
C�4
Jessica Lowther, SCLA
Senior Claims Adjuster
Enclosure
CC: WILLIS HRH
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.-