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HomeMy WebLinkAbout09-474DECEMBER 22, 2009 09 -474 RESOLUTION (CARRIED 6 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: DISALLOWANCE OF CLAIM BY CHURCH MUTUAL INSURANCE INITIATED BY: LEGAL DEPARTMENT WHEREAS, the following claim has been referred to the City's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: Church Mutual Insurance / Zion Lutheran Church DATE OF LOSS: 6/30/2009 (for alleged property damages from water service) 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. 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 it is alleged that the claimant sustained property damages after the City disconnected and restored water service for City work projects. The incident occurred June 30, 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 the claimant failed to provide timely notice as required under Wisconsin Law. Under 893.80, the City must receive a written notice of circumstances within 120 days after the event. The claimant failed to provide timely notice of their claim. Additionally, we have not received any evidence that would indicate the City is liable for this incident. The City followed standard procedures and could not predict the alleged claimant problems. The City has no control over such occurrences. Please send your denial to the claimant at the above listed address. 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 1- 800 - 225 -6561 x3099. Sincerely, Shannon Fike Claims Adjuster Enclosure cc: WILLIS HRH A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.' December 10, 2009 i ® PDj I City of Oshkosh DEC 14 2009 Attn: Pamela Ubrig 215 Church Ave. P.O. Box 1130 -�- ! �,+ y� # LER K S 0F. "ICE Oshkosh, WI 54903 -1130 Re: Program: League of Wisconsin Municipalities Mutual Insurance MIDWEST CLAIMS SERVICE Our Insured: City of Oshkosh Date of loss: 06/30/2009 1700 Opdyke Court Our Claim #: WI8 143688 Auburn Hills, Michigan Claimant: Zion Lutheran - The Servant Church 48326 Attn: Pastor Jeffrey Knoll (248) 371 -3100 (800) 225 -6561 Claimant Address: 400 N Sawyer St, Oshkosh, WI 54901 (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 it is alleged that the claimant sustained property damages after the City disconnected and restored water service for City work projects. The incident occurred June 30, 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 the claimant failed to provide timely notice as required under Wisconsin Law. Under 893.80, the City must receive a written notice of circumstances within 120 days after the event. The claimant failed to provide timely notice of their claim. Additionally, we have not received any evidence that would indicate the City is liable for this incident. The City followed standard procedures and could not predict the alleged claimant problems. The City has no control over such occurrences. Please send your denial to the claimant at the above listed address. 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 1- 800 - 225 -6561 x3099. Sincerely, Shannon Fike Claims Adjuster Enclosure cc: WILLIS HRH A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.'