HomeMy WebLinkAbout10-312SEPTEMBER 28, 2010 10 -312 RESOLUTION
(CARRIED 6 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY MICHAEL EDER
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:
Michael Eder DATE OF LOSS: 04/1/2010
(alleged injuries & damages as a result of falling into an open manhole cover)
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.
MIDWEST
CLAIMS SERVICE
1700 Opdyke Court
Auburn Hills, Michigan
48326
(248) 371 -3100
(800) 225 -6561
(248) 371 -3091 fax
www.midwestclaims.com
August 9, 2010
City of Oshkosh
Attn: Pamela Ubrig
215 Church Ave.
P.O. Box 1130
Oshkosh, WI 54903 -1130
D
AUG 12 2010
CITY CLE RIK'S OFFICE
Re: Program:
League of Wisconsin Municipalities
Our Insured:
City of Oshkosh
Date of Loss:
4/11/10
Our Claim #
WI8 147307
Claimant:
Michael Eder
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 Michael Eder alleges a bodily
injury due to falling into an open manhole on or about April 11, 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(1 g). 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 remove the manhole lid or have any notice that the lid had been removed. The City
has no liability unless it knew or should have known of the existence of the defect and
had a reasonable amount of time to repair or eliminate the risk. 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.'