HomeMy WebLinkAbout10-311SEPTEMBER 28, 2010 10 -311 RESOLUTION
(CARRIED 6 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY JEFFREY RATCHMAN
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:
Jeffrey Ratchman DATE OF LOSS: 07/3/2010
(alleged damages to his property as a result of flooding)
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
(246) 371 -3091 fax
www.midwestclaims.com
September 7, 2010
City of Oshkosh
Attn: Pamela Ubrig
215 Church Ave.
P.O. Box 1130
Oshkosh, WI 54903 -1130
Re: Program:
League of Wisconsin Municipalities
Our Insured:
City of Oshkosh
Date of Loss:
713110
Our Claim #
WI8 148345
Claimant:
Jeffrey Ratchman
Dear Ms. Ubrig:
u 11 SEP U 5 0 10
CITY ri n!
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 Mr. Ratchman alleges to have
incurred property damage due to heavy rains on or about July 3, 2010. Mr. Ratchman
alleges that the construction company working on behalf of the City had placed a covering
over the storm drains which became blocked by debris causing the water to flood his
property.
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. The covering was placed by the contractor
to keep debris from entering the system. A normal amount of water would still flow,
however, the rainfall was not a normal flow and there is no evidence that the system could
have contained it. Regardless the claimant could send a claim to the contractor for
consideration. 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,
-s--�'
Sharon DePriest, AIC
Claims Manager
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.