HomeMy WebLinkAbout10-223JULY 13, 2010 10 -223 RESOLUTION
(CARRIED 6 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY WINNEBAGO MENTAL HEALTH
INSTITUTE
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:
Winnebago Mental Health Institute DATE OF LOSS: 05/05/2010
(alleged property damage from a tree that fell)
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.
CLAIMS SERVICE
1700 Opdyke Court
Auburn Hills, Michigan
48326
(248) 371 -3100
(800) 225 -6561
(248) 371 -3091 fax
www.midwestclaims.com
July 2, 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. U - brig:
DLL
JUL 0 6 2010 DO
CITY K'S OFFICE
League of Wisconsin Municipalities Mutual Insurance
City of Oshkosh
05/05/2010
WI8 147452
Winnebago Mental Health Institute, Attn: Beth Oestreich
1300 South Drive; PO Box 9; Winnebago, WI 54985 -0009
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 received a claim in which the claimant alleges a City tree fell onto and
damaged their property on May 5, 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 there was no notice of a defect to the tree
and the City could therefore not predict it would fall during a period of strong winds. 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 make repairs.
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,
Shannon Fike
Claims Adjuster
Enclosure — sample letter
cc: WILLIS HRH
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.-