HomeMy WebLinkAbout10-58FEBRUARY 23, 2010 10 -58 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY CLAIR MARTIN
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:
Clair Martin DATE OF LOSS: 12/11/2009
(for property damage alleged from Police Department entering premises)
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.
FEBRUARY 23, 2010 10 -58 RESOLUTION
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY CLAIR MARTIN
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:
Clair Martin DATE OF LOSS: 12/1112009
(for property damage alleged from Police Department entering premises)
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.
January 20, 2010
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City of Oshkosh I F �F
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2010
Attn: Pamela Ubrig �
215 Church Ave. .� .�
P.O. Box 1130 ClT <� ,
Oshkosh, WI 54903 -1130
MIDWEST
CLAIMS SERVICE
Re: Program: League of Wisconsin Municipalities Mutual Insurance
1700 Opdyke Court Our Insured: City of Oshkosh
Auburn Hills, Michigan Date of loss: 12/11/2009
48326
(248) 371 -3100 Our Claim #: WI8 144705
(800) 225 -6561 Claimant: Clair R. Martin
(248) 371 -3091 fax 1728 Chestnut Street, Oshkosh, WI 54901
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 has sustained
damage to a window of his residence located at 1728 Chestnut Street in Oshkosh, WI. The
City of Oshkosh Police Department forced entry to this residence in response to a call from a
concerned citizen who could not contact the resident. The date of incident was December 11,
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(l g). The
disallowance of the claim in this manner will allow us to shorten the statute of limitations
period to six months.
The basis of this denial is that the City of Oshkosh is entitled to governmental immunity. The
City of Oshkosh Police Department was performing a governmental function. Immunity is
allowed if discretionary acts of public employees involved are "governmental."
Please send your denial directly to the claimant at the above listed address. 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,
Shannon Fike
Claims Adjuster
Enclosure
CC: WILLIS HRH
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.-