HomeMy WebLinkAbout10-289SEPTEMBER 15, 2010 10 -289 RESOLUTION
(CARRIED 6 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY PROGRESSIVE INSURANCE
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:
Progressive Insurance on behalf of Rachelle Clark DATE OF LOSS:
07/08/2010
(alleged damages to her vehicle resulting from overspray of paint while Main Street
was being striped)
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.
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August 20, 2010
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City of Oshkosh 1
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: 07/08/2010
(248) 371 -3091 fax
www.midwestclaims.com Claimant: Rachelle Clark
Insurance Carrier: Progressive (Claim # 10- 5227 -356)
Our Claim #: WI8 148441
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 a subrogation demand in which Progressive is alleging that
their insured's vehicle sustained damage when City employees sprayed paint
onto it while marking lines on the roadway.
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 Greg Maxwell revealed that there were no City
employees working in the alleged area on the alleged date of loss. Please send
your denial letter to Progressive, P.O. Box 89440, Cleveland, OH 44101. 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
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.
Sincerely,
O Kolasz, CIC, AIC
Claims Supervisor
Cc: Willis HRH
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.'