HomeMy WebLinkAbout09-446NOVEMBER 24, 2009 09 -446 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(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )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 Brian & Anne Kienert DATE OF LOSS: 4/22/2009
(for property damages alleged from a sewer back -up)
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.
g pN r
November 4, 2009
City of Oshkosh
Attn: Pamela Ubrig
215 Church Ave.
P.O. Box 1130
Oshkosh, WI 54903 -1130
.± NOV o 9 2009
CITY Y C LO RK S "'I `ICE
Re: Program:
League of Wisconsin Municipalities Mutual Insurance
Our Insured:
City of Oshkosh
Date of loss:
04/23/2009
Our Claim #;
WI8 143180
Claimant:
Brian & Anne Kienert
Claimant Carrier: Afni Insurance Services
Subrogation Department, PO Box 3068, Bloomington, IL 61701
Claimant File #:
664175
1700 Opdyke Court
Auburn Hills, Michigan
48326
(248) 371 -3100
(800) 225 -6561
(248) 371 -3091 fax
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
damages due to a sewer backup. The date of loss was April 23, 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 be that there was no negligence on behalf of the City of
Oshkosh. Our investigation has revealed that the cause of the sewer backup was due to a
debris blockage of the main sewer line which was found during routine flushing maintenance.
The City of Oshkosh did not have prior notice of the blockage and upon notice remedied the
situation. A municipality has no liability unless it knew, or should have known, of the
existence of a defect and had a reasonable amount of time to repair the defect.
Please send your denial letters to the above - listed claimant. The denial letter 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 copy of denial to our address as stated above. If you
have any further questions, please feel free to call me at 800 - 225 -6561 x3099.
Sincerely,
Shannon Fike
Claims Adjuster
cc: R &R INSURANCE
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.-