HomeMy WebLinkAbout10-221JULY 13, 2010 10 -221 RESOLUTION
(CARRIED 5 -1 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY HOWARD & CELDA NOE
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:
Howard & Celda Noe DATE OF LOSS: 04/07/2010
(alleged damages as a result of a sewer backup)
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 fax
www.midwestclaims.com
June 18, 2010
JUN 2 4 2010
City of Oshkosh
Attn: Pamela Ubrig CITY CU:
215 Church Ave. `" ' 1 FICE
P.O. Box 1130
Oshkosh, WI 54903 -1130
Re: Program: League of Wisconsin Municipalities
Our Insured: City of Oshkosh
Date of Loss: 4/7/2010
Our Claim # WI8 147272
Claimant: Howard & Celda Noe
Dear Ms. Ubrig:
Midwest Claims Service handles the claims for the League of Wisconsin Municipalities
Insurance of which the City of Oshkosh is an insured member. We received notice of the
above - referenced claim in which Howard and Celda Noe alleged property damage from a sewer
back up which occurred on April 7, 2010.
We 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(1 g). The disallowance
of the claim in this manner will allow us to shorten the statute of limitations period to six (6)
months.
The basis of the denial should be that our investigation found no negligence on behalf of the
City of Oshkosh. The sewer backup was caused by a blockage in the main sewer line. Once
the City was notified of the blockage it was cleared and the sewer line began to flow freely. Our
investigation found that this is not a problem area and scheduled maintenance is performed.
The blockage came from an unknown source. 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
make repairs. The City's response was immediate and appropriate action was taken.
Attached is a form letter to be utilized in issuance of the disallowance of claim pursuant to
Wisconsin statutes. Please send your denial, directly, to the claimant by .registered or certified
mail. Also, please carbon copy Midwest Claims Service on the letter and reference this claim
number. If you have any questions, please contact me at (800) 225 -6561 extension 3083.
Sincerely,
Sharon DePriest, AIC
Claims Manager
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.'