HomeMy WebLinkAbout10-287SEPTEMBER 15, 2010 10 -287 RESOLUTION
(CARRIED 6 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY STATE FARM 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:
State Farm on behalf of Dawn Benish DATE OF LOSS: 06/09/2010
(alleged damages to her vehicle resulting from overspray of paint while State 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 25, 2010
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City of Oshkosh
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: 06/09/2010
(248) 371 -3091 fax
www.midwestclaims.com Claimant: Dawn Benish
Insurance Carrier: State Farm (Claim # 49- 5130 -837)
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 a subrogation demand in which State Farm Insurance
Company is alleging that their insured's vehicle sustained damage when City
employees sprayed paint onto it while marking lines in the parking lot.
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 State Farm Insurance Companies, Subrogation Services,
P.O. Box 2371, Bloomington, IL 61702. 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 letter 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
( ..Carol Kolasz, CIC, AIC
Claims Supervisor
Cc: Willis HRH
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.'