HomeMy WebLinkAbout10-339NOVEMBER 9, 2010 10 -339 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY WILLIQUETTE INVESTMENTS LLC
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:
Williquette Investments, LLC DATE OF LOSS: 04/08/2010
(for alleged damages from a sewer back -up)
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
September 15, 2010
L'L OCT 202010
C e ,.,
1700 Opdyke Court
Auburn Hills, Michigan
48326
(248) 371 -3100
(800) 225 -6561
(248) 371 -3091 fax
www.midwestclaims.com
Williquette Investments LLC
Attn: Scott Williquette
915 Viola Ave.
Oshkosh, WI 54901
Re: Program: League of Wisconsin Municipalities
Our Insured: City of Oshkosh
Date of Loss: 4/8/2010
Our Claim # WI8 147812
Claimant: Williquette Investments LLC
Dear Mr. Williquette:
Midwest Claims Service is the claims administrator for the League of Wisconsin Municipalities
Mutual Insurance through which the City of Oshkosh is an insured member. We have received
notice of the above - referenced claim in which you alleged property damage due to a sewer
backup incident on or about April 8, 2010.
Our investigation did not reveal any clear or proven negligence on behalf of the City of Oshkosh
with regard to this matter. Therefore, we will be recommending that the City of Oshkosh deny
this claim pursuant to the Wisconsin statute for disallowance of claim 893.80(1g).
The basis of the denial is that our investigation found that a plug was created in the City's sewer
line by mud washing into the system possibly coming from a nearby business. A municipality
has no liability unless it knew, or should have known, of the existence of the defect and had a
reasonable amount of time to make repairs. Once the City was notified of a problem in this
area, they cleared the blockage which allowed the system to flow properly. The City's response
was immediate and appropriate repairs were made.
Sincerely,
Sharon DePriest, AIC
Claims Manager
cc: City of Oshkosh
Willis HRH
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.-