HomeMy WebLinkAbout10-251AUGUST 10, 2010 10 -251 RESOLUTION
(CARRIED 6 -0 LOST LAID OVER WITHDRAWN X )
PURPOSE: DISALLOWANCE OF CLAIM BY DAVE & DOROTHY SCHROEDER
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:
Dave & Dorothy Schroeder DATE OF LOSS: 03/29/2010
(alleged damages due to a broken sewer pipe that caused a backup in
their home)
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.
NIL
MIDWEST
CLAIMS SERVICE
1700 Opdyke Court
Auburn Hills, Michigan
48326
(248) 371 -3100
(800) 225 -6561
(248) 371 -3091 fax
www.midwestclaims.com
July 20, 2010 D
JUL 2 3 2010
City of Oshkosh
Attu: Pamela Ubrig � `Y ���1a�1 � OFFIC
215 Church Ave. CITY
P.O. Box 1130
Oshkosh, WI 54903 -1130
Re: Program: League of Wisconsin Municipalities Mutual Insurance
Our Insured: City of Oshkosh
Date of Loss: 03/29/2010
Our Claim # WI8 146864
Claimant: Dave Schroeder & Dorothy Schroeder
1928 Minnesota St, Oshkosh, WI 54902
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 sustained
damages to their lateral line which resulted in sewer backups. Lateral line damage was
allegedly caused by contractor James Cape & Sons Co. who completed a construction project
for the City. The contractor was to install a water main for the City and the claimant contends
their lateral line was damaged and improperly repaired by the contractor during this project.
These improper repairs caused backups into the claimant property on March 29, 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 is no negligence on behalf of the City of Oshkosh.
The City had hired a contractor, James Cape & Sons Co., to complete the construction project
in the area. The City is not responsible for the contractor error. The claimant may wish to
pursue a claim with the contractor who was insured by Zurich American Insurance Company
at the time of loss. Furthermore, there is no evidence to prove the damages to the claimant
lateral line were in fact caused by this event. It appears the claimant line could have been
damaged by other means; therefore, we must conclude that there is not enough evidence to
support the claimant allegation.
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 1- 800 -225-
6561 x3099.
Sincerely,
Shannon Fike
Claims Adjuster
cc: WILLIS HRH
A .CI IRSIDIARY OF HCC INSURANCE HOLDINGS, INC.'