HomeMy WebLinkAbout09-465DECEMBER 8, 2009 09 -465 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY LARRY DIETRICH
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:
Larry Dietrich DATE OF LOSS:
10/14/2008
(for injuries alleged from hitting a pot hole on Tennessee Avenue)
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.
D
November 23, 2009 NOV 2 7 2009
Cit of Oshkosh
In Attn: Pamela Ubrig CITY CLERK'S OFFICE
215 Church Ave.
MIDWEST P.O. Box 1130
CLAIMS SERVICE Oshkosh, WI 54903 -1130
1700 Opdyke Court Re: Program: League of Wisconsin Municipalities Mutual Insurance
Auburn Hills, Michigan Our Insured: City of Oshkosh
48326 Date of loss: 10/04/2008
(248) 371 -3100
(800) 225 -6561 Our Claim #: WI8 141263
(248) 371 -3091 fax Claimant: Larry Dietrich: 210 E. Tennessee Ave., Oshkosh, WI
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, Larry Dietrich, alleges he sustained
bodily injury when he allegedly struck a pothole or "bump" on Tennessee Avenue while
operating a motorized scooter. The claimant alleges that he did not fall off the scooter; rather, he
bounced on the seat and this caused his alleged injuries.
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 shorten the statute of limitations period to 6 months.
The basis of this denial should be that the claimant failed to provide timely notice as required
under Wisconsin Law. Pursuant to Wis. Statute 893.80, the City must receive a written Notice of
Circumstances within 120 days from the date of loss. The claimant failed to provide timely
notice of this claim and also was unable to provide any actual evidence that would support his
allegation that he was injured on City property or due to a defect on such property.
Please send your denial to the claimant, Larry Dietrich at the above listed address. This denial
should be sent certified or registered 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,
CA/ .
Jessica Lowther, SCLA
Senior Claims Adjuster
Enclosure
Cc: WILLIS HRH
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.—