HomeMy WebLinkAbout09-473DECEMBER 22, 2009 09 -473 RESOLUTION
(CARRIED 6 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY FOX WORLD TRAVEL
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:
Fox World Travel / Patti Coopman DATE OF LOSS: 11/16/2009
(for alleged vehicle damage from hitting a pot hole on Washburn Street)
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
1700 Opdyke Court
Auburn Hills, Michigan
48326
(248) 371 -3100
(800) 225 -6561
(248) 371 -3091 fax
www.midwestclaims.com
December 10, 2009
City of Oshkosh
Attn: Pamela Ubrig
215 Church Ave.
P.O. Box 1130
Oshkosh, WI 54903 -1130
U u DEC 14 2009 DD
CITY LIE. R t 3 OF "ICE
Re: Program: League of Wisconsin Municipalities Mutual Insurance
Our Insured: City of Oshkosh
Date of Loss: 11/16/2009
Our Claim #
Claimant:
Claimant Driver:
Dear Ms. Ubrig:
Fox World Travel
Patti Coopman
2150 S. Washburn St
Oshkosh, WI 54904
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 have received notice of the above - stated claim in which the claimant driver
alleges damage to her vehicle due to hitting a pothole on Washburn in Oshkosh, WI. The
incident occurred on November 16, 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 pothole 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 the above stated 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
800 - 225 -6561.
Sincerely,
Shannon Fike
Claims Adjuster
Enclosure — sample letter
cc: WILLIS HRH
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.-