HomeMy WebLinkAbout10-118APRIL 13, 2010 10 -118 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY GARY HOLDREN
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:
Gary Holdren DATE OF LOSS:
02/10/2010
(alleged damages to his vehicle as a result of hitting a pothole)
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.
March 16, 2010
� MAR 19 2010
City of Oshkosh
Attn: Pamela Ubrig CI CLERK'S OFFICE
215 Church Ave.
P.O. Box 1130
Oshkosh, WI 54903 -1130
MIDWEST Re: Program: League of Wisconsin Municipalities Mutual Insurance
CL SERVICE Our Insured: City of Oshkosh
1700 Opdyke Court Date of Loss: 02/10/2010
Auburn Hills, Michigan Our Claim # WI8 145604
48326 Claimant: Gary L Holdren
(248) 371 -3100
(800) 225 -6561 1817 Plymouth Street, Oshkosh, WI 54901
(248) 371 -3091 tax
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 driver
alleges damage to his vehicle due to hitting a pothole on West Murdock Ave in Oshkosh,
WI. The incident occurred on February 10, 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 state that there is no negligence on behalf of the City of
Oshkosh. Our investigation has revealed that the City did not complete the construction
project in the alleged area. The claimant may file a claim against the contractor, KS Energy
Services Inc, who is responsible for the maintenance of this area until a permanent repair is
completed. Furthermore, 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,
U
F ZQ'_
Shannon Fike
Claims Adjuster_
Enclosure — sample letter
cc: WILLIS HRH
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC. -