HomeMy WebLinkAbout10-290SEPTEMBER 15, 2010 10 -290 RESOLUTION
(CARRIED 6 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY PAUL CAIN
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:
Paul Cain DATE OF LOSS: 07/19/2010
(alleged damages to his tire as a result of hitting a water drain)
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.
I AUG 302010
August 25, 2010
City of Oshkosh
CITY CLERMS OFFICE
Attn: Pam Ubrig
MIDWEST P.O. Box 1130
CLAIMS SERVICE O shkosh, WI 54903
1700 Opdyke Court
Auburn Hills, Michigan Re: Program: League of Wisconsin Municipalities Mutual
48326 Insurance
(248) 371 -3100 Our Insured: City of Oshkosh
(800) 225 -6561 Date of loss: 07/19/2010
(248) 371 -3091 fax
www.midwestclaims.com Claimant: Paul Cain
Our Claim #: WI8 148343
Dear Ms. Ubrig:
Midwest Claims Service is the claims administrator for the League of Wisconsin
Municipalities Mutual Insurance through which the City of Oshkosh is insured.
We have received the above stated claim in which the claimant, Paul Cain, is
alleging that his vehicle sustained damage when he struck a loose water main
cover. The location of the incident was at the corner of Bayshore Drive and
South Bowen.
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(1g). 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 is due to the fact that there is no negligence on the behalf
of the City. Our investigation with Jack Reichenberger revealed that the City did
not have any prior notice that water main cover was loose. Upon notice of the
defect a crew was sent out in reasonable amount of time to repair it. Please
send your denial letter to the claimant, Paul Cain, 1011 Greenwood Court,
Oshkosh, WI 54901. 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 send copy of the denial to our address as stated above. If you have any
further questions, please feel free to call me at 1- 800 - 225 -6561. Thank you.
Sincere
Carol Kolasz, CIC, AIC
Claims Supervisor
Cc: Willis HRH
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.'