HomeMy WebLinkAbout10-92MARCH 23, 2010 10 -92 RESOLUTION
(CARRIED 6 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY JASON LAPLANTE
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:
Jason LaPlante DATE OF LOSS: 10/30/2009
(alleged damages as a result of a parking ticket and towing of his vehicle)
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 15, 2010
City of Oshkosh
Attn: Pamela Ubrig
215 Church Ave.
P.O. Box 1130
Oshkosh, WI 54903 -1130
Re: Program:
Our Insured:
Date of Loss:
Our Claim #
Claimant:
League of Wisconsin Municipalities Mutual Insurance
City of Oshkosh
10/30/2009
WI8 144924
Jason LaPlante
Wisconsin Street Apt 7; Oshkosh, WI 54901
1700 Opdyke Court
Auburn Hills, Michigan
48326
(248) 371 -3100
(800) 225 -6561
(248) 371 -3091 fax
www.midwestclaims.com
Dear Ms. Ubrig
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 is
requesting reimbursement for a towing invoice issued October 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 there is no negligence on behalf of the City of Oshkosh.
We have completed our investigation of this claim and have made a determination that this
vehicle was towed from private property which is not within the insured jurisdiction. The
vehicle was towed by the property owner or person. in charge at the apartment complex and
the City would not be responsible for their actions. The claimant will have to file a claim
against the apartment complex.
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 1- 800 -225-
6561 x3099.
Sincerely,
Shannon Fike
Claims Adjuster
cc: WILLIS HRH
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.-