HomeMy WebLinkAbout10-286SEPTEMBER 15, 2010 10 -286 RESOLUTION
(CARRIED 6 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY TINA BRUSKI
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:
Tina Bruski DATE OF LOSS: 07/12/2010
(alleged damages as a result of hitting a pothole)
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.
AUG��
August 20, 2010
r
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) 22 5-65 6 1 Date of loss: 07/12/2010
(248) 371 -3091 3091 f ax
f
www.midwestclaims.com Claimant: Daniel & Tina Bruski
Our Claim #: WI8 147926
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 claim in which the claimants allege that their vehicle
sustained damage when it struck a pothole on Irving Street.
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. The City did not have prior notice of the pothole being in the
roadway. Please send your denial letter to Daniel and Tina Bruski, 319 A. Dale
Drive, 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 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,
l�
Carol Kolasz, CIC, AIC
Claims Supervisor
Cc: Willis HRH
A SUBSIDIARY OF HCC INSURANCE HOLDINGS. INC.-