HomeMy WebLinkAbout10-59FEBRUARY 23, 2010 10 -59 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY JAMES ZWICKY
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:
James Zwicky DATE OF LOSS: 1/6/2009
(alleged injuries resulting form a fall in the Menominee Park parking lot)
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.
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 Formal Notice of Claim in which the claimant sustained bodily injury when he allegedly slipped and
fell on ice located on Pratt Trail in Menomonee Park on January 6, 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 is no negligence on behalf of the City of Oshkosh. Our investigation has
revealed that the City is diligent with respect to snow and ice removal in Menomonee Park. Additionally,
the City of Oshkosh is entitled to governmental immunity for the natural accumulation of ice and snow.
Please send your denial directly to the claimant 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.
�' Sucerel
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Jessica Lowther, SCLA
Senior Claims Adjuster
Enclosure
CC: WILLIS HRH
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.TM
February 10, 2010
FEB 16 2010
City of Oshkosh
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Attn: Pamela Ubrig
215 Church Ave.
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MIDWEST P.O. Box 1130
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CLAIMS SERVICE Oshkosh WI 54903
1760 Opdyke Court, ,
uburn Hills M cQ( an Re: Program:
League of Wisconsin Municipalities
Mutual Insurance
32s Our Insured:
City of Oshkosh
8 e of AS
1/06/2009
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WI8 140337
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James & Sherry Zwicky:
1086 Memorial Court, Neenah,
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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 Formal Notice of Claim in which the claimant sustained bodily injury when he allegedly slipped and
fell on ice located on Pratt Trail in Menomonee Park on January 6, 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 is no negligence on behalf of the City of Oshkosh. Our investigation has
revealed that the City is diligent with respect to snow and ice removal in Menomonee Park. Additionally,
the City of Oshkosh is entitled to governmental immunity for the natural accumulation of ice and snow.
Please send your denial directly to the claimant 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.
�' Sucerel
Y 1'T 3
A
II -,
Jessica Lowther, SCLA
Senior Claims Adjuster
Enclosure
CC: WILLIS HRH
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.TM