HomeMy WebLinkAbout10-285SEPTEMBER 15, 2010 10 -285 RESOLUTION
(CARRIED 6 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY RON SEEGERS
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:
Ron Seegers DATE OF LOSS: 05/03/2010
(alleged damages as a result of engineering & excavating services to property
located at 927 West 8 Avenue)
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.
August 20, 2010
Emw City of Oshkosh
Attn: Pamela Ubrig
MIDWEST 215 Church Ave.
CLAIMS SERVICE P.O. Box 1130
1700 Opdyke Court Oshkosh, WI 54903 -1130
Auburn Hills, Michigan
48326 Re: Program: League of Wisconsin Municipalities
(248) 371 -3100 Our Insured: City of Oshkosh
(800) 225 -6561 Date of Loss: 5/3/10
(248) 371 -3091 fax
www.midwestclaims.com Our Claim # W18 147665
Claimant: Ron Seegers (Sparrow Properties LLC)
Dear Ms. Ubrig:
Midwest Claims Service is the claims administrator for the League of Wisconsin
Municipalities Mutual Insurance of which the City of Oshkosh is an insured member. We
have received notice of the above - stated claim in which Ron Seegers alleges to have
incurred cost due to the City requiring a leak be addressed before water would be turned
on at his property on May 3, 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(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 the denial should be that our investigation found no evidence that the
City was negligent with regard to the incident. Our investigation found that the City did
not advise the resident how he would need to go about addressing the leak. The
claimant's plumber was present and advised the claimant in this regard. Furthermore, the
City and its inspectors would be entitled to discretionary immunity in matters involving a
governmental function such as this. In the absence of negligence on behalf of the City of
Oshkosh, Midwest Claims Service recommends that the claim be disallowed.
Please send your denial directly to the claimant by registered or certified mail and
carbon copy Midwest Claims Service at the above address. Please reference our claim
number. If you have any questions, please feel free to contact me at (800) 225 -6561.
Sincerely,
Sharon DePriest, AIC
Claims Manager
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.-