HomeMy WebLinkAbout10-334OCTOBER 26, 2010 10 -334 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY REBECCA KING
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:
Rebecca King DATE OF LOSS: 03/04/2010
(alleged injuries & damages due to falling as a result of a ice covered sidewalk)
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
Dear Ms. Ubrig,
October 6, 2010
City of Oshkosh
Attn: Pamela Ubrig
215 Church Ave.
P.O. Box 1130
Oshkosh, WI 54903
Re: Program:
League of Wisconsin Municipalities Mutual Insurance
Our Insured:
City of Oshkosh
Date of loss:
3/04/2010
Our Claim #:
WI8 147811
Claimant:
Rebecca King
2099 South Tanager Lane
Green Bay, WI 54313
Midwest Claims Service, Inc. administers the claims for the League of Wisconsin Municipalities Mutual
Insurance who provides the insurance coverage for the City of Oshkosh. We are in receipt of the above -
stated claim in which the claimant, Rebecca King, sustained bodily injury when he allegedly slipped and
fell on a snow covered sidewalk located at 860 Wisconsin Street in the City of Oshkosh.
We recommend that the City of Oshkosh deny this claim pursuant to the Wisconsin statute for disallowance
of claim 893.80(lg). The disallowance of the claim in this manner will shorten the statute of limitations
period to 6 months. The basis of this denial is that the claimant failed to provide timely notice as required
under Wisconsin Law. Pursuant to Wisconsin Statute 893.80, the City must receive a written Notice of
Circumstances within 120 days from the date of loss. Additionally, our investigation revealed that there is
no negligence on behalf of the City of Oshkosh with respect to this alleged incident. The City is diligent
with respect to snow and ice removal complaints. Lastly, the City of Oshkosh is entitled to governmental
immunity for the natural accumulation of ice and snow.
Please send your denial directly to the claimant Rebecca King, at the above listed address. This denial
should be sett certified or registered mail and must be received by the Claimant within 120 days after you
received the claim. Please submit a copy of the disallowance to Midwest Claims Service, Inc.
Sincerely,
Ci
Jessica Lowther, SCLA
Senior Claims Adjuster
Enclosure
CC: WILLIS HRH
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.''