HomeMy WebLinkAbout10-117APRIL 13, 2010 10 -117 RESOLUTION
(CARRIED 5 -2 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY JENNY WESNER
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:
Jenny Wesner DATE OF LOSS: 02/23/2010
(alleged damages resulting from basement sewer stoppage)
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 tax
www.midwestclaims.com
March 17, 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:
Dear Ms. Ubrig,
D D
u MAR 2 2 2010
CITY CLERKS OFFICE
League of Wisconsin Municipalities Mutual Insurance
City of Oshkosh
02/23/2010
WI8 145827
Jenny Wesner
4298 Bellhaven Lane, Oshkosh, WI 54904
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 alleges to have
incurred plumbing charges due to problems with their sewer system on or about February 23,
2010.
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 was no negligence on behalf of the City of
Oshkosh. Our investigation has revealed that the cause of the sewer backup was due to a
blockage in the main sewer line. The City of Oshkosh did not have prior notice of the
blockage and upon notice remedied the situation. A municipality has no liability unless it
knew, or should have known, of the existence of a defect and had a reasonable amount of time
to repair the defect. Furthermore, the claimant invoices are for cleaning the lateral lines which
the claimant herself is responsible to maintain.
Please send your denial letter to the above - listed claimant. The denial letter 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 copy of denial to our address as stated above. If you
have any further questions, please feel free to call me at 800 - 225 -6561 x3099.
Sincerely,
S annon Fike
Claims Adjuster
cc: WILLIS HRH
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.-