HomeMy WebLinkAbout10-222JULY 13, 2010 10 -222 RESOLUTION
(CARRIED 6 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY MARTIN JAGODZINSKI
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:
Martin Jagodzinski DATE OF LOSS: 12/19/2009
(alleged damages from falling on snow covered sidewalk)
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.
M
June 16, 2010
JUN 21 2010
CITY CLERK'S OFFICE
1700 Opdyke Court
Auburn Hills, Michigan
Re: Program:
League of Wisconsin Municipalities Mutual Insurance
48326
Our Insured:
C y of Oshkosh
(248) 371 -3100
Date of loss:
12/19/2009
(800) 225 -6561
Our Claim #:
WI8 146274
(248) 371 -3091 fax
Claimant:
Martin Jagodzinski
www.midwestclaims.com
100 Court Street, Apt.# 207
Oshkosh, WI 54901
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 claim in which the claimant, Martin Jagodzinski, sustained bodily injury when he allegedly slipped
and fell on a snow covered sidewalk located at 304 Otter Street in the City of Oshkosh.
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 complaints, 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 Martin Jagodzinski 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 submit a copy of the disallowance to Midwest Claims Service, Inc.
Sincerely,
Jessica Lowther, SCLA
Senior Claims Adjuster
Enclosure
CC: WILLIS HRH
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC. -°