HomeMy WebLinkAbout10-340NOVEMBER 9, 2010 10 -340 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY DORIS KERSKI
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:
Doris Kerski DATE OF LOSS: 5/28/2010
(for alleged damages to her vehicle as a result of hitting a bump -out curb on
9 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.
MIDWEST
CLAIMS SERVICE
October 18, 2010
City of Oshkosh
Attn: Pamela Ubrig
P.O. Box 1130
Oshkosh, WI 54903
1700 Opdyke Court Re:
Auburn Hills, Michigan
48326
(248) 371 -3100
(800) 225 -6561
(248) 371 -3091 fax
www.midwestclaims.com
Dear Ms. Ubrig:
Program:
League of Wisconsin Municipalities Mutual
Insurance
Our Insured:
City of Oshkosh
Date of loss:
05/28/2010
Claimant:
Doris Kerski
Our Claim #:
W18 147701
Midwest Claims Service is the claims administrator for the League of Wisconsin
Municipalities Mutual Insurance through which the City of Oshkosh is insured. We have
received the above stated claim in which the claimant, Doris Kerski, is alleging that her
vehicle sustained damage when she struck the curbing of a bumper area in the roadway
on Ninth Avenue near Main Street.
Our investigation has revealed that certain alleged facts regarding or causation are in
dispute or unproven; therefore, we 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 this denial is due to the fact that there is no liability on the behalf of the City.
Our investigation revealed that a City employee inspected the site of the alleged incident
and found that there was no defect with the curbing that would have caused damage to
the claimant's vehicle. In addition, the curbing was painted yellow which made it visible
for passing motorists. Please send your denial letter to the claimant, Doris Kerski, 4990
South U.S. Hwy 45, Oshkosh, WI 54901. This denial should be sent certified or
registered mail and must be received by the claimant within 120 days after you received
the claim. Please send copy of, the, denial to our address as stated above. If you have
any further questions, please.feel free to call me at 1- 800 -225 -6561. Thank you.
Carol Kolasz, CIC, AIC
Claims Supervisor
Sinc ely,
Cc: Willis HRH
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.-