HomeMy WebLinkAbout10-366NOVEMBER 23, 2010 10 -366 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY TIM ADKINS
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:
Tim Adkins DATE OF LOSS: 10/5/2010
(for alleged damages from water meter replacement)
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.
D
�CS2
(
www.midwestclaims.com League of Wisconsin Municipalities Mutual Insurance
Re. Program.
Our Insured:
City of Oshkosh
Date of loss:
October 26, 2010
MIDWEST
WI8 149687
CLAIMS SERVICE
C ity of Oshkosh
1700 Opdyke Court
Ate: Pamela Ubrig
Auburn Hills, Michigan
215 Church Ave.
48326
P Box 1130
(248) 371 -3100
(800) 225 -6561
Oshkosh WI 54903 -1130
248) 371 -3091 tax
D
�CS2
(
www.midwestclaims.com League of Wisconsin Municipalities Mutual Insurance
Re. Program.
Our Insured:
City of Oshkosh
Date of loss:
10 /5 /2010
Our Claim #:
WI8 149687
Claimant:
Tim Adkins
121 E. Melvin Ave.
Oshkosh, WI 54901
Dear Ms. Ubrig,
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 notice of claim, in which the claimants
allege that a City employee caused damage to their bathroom floor during the installation
of a water meter on or about October 5, 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(lg). 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 that our investigation found no evidence of negligence on
behalf of the City of Oshkosh. According to the City employee who did the work, he is
not certain that he was the cause of this. Additionally, the damage was noticed by the
claimant after the City employee had left and she began to clean the floor. It is possible
that the scratch was there prior to the employee doing this work and just had not been
noticed.
However, even if it were found that the City employee had caused the damage to the
floor, the City is entitled to governmental immunity as municipal governing bodies are
entitled to discretionary immunity in matters such as this.
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.'
Please send your denial directly to the claimants at the above listed address. This denial
should be sent certified or registered (restricted) mail and must be received by the
Claimant within 120 days after you received the claim. Please send copy of denial to our
address as stated above.
Sincerely,
Sharon DePriest, AIC
Claims Manager
CC: Willis HRH
CITY HALL
215 Church Avenue
P.O. Box 1130
Oshkosh, 54903-1130 City of Oshkosh
0
City Attorney's Office
Phone: (920) 236 -5115
Fax: (920) 236 -5106
hftp;//www.ci.oshkosh.wi.us
November 17, 2010
Tim Adkins
121 E. Melvin Avenue
Oshkosh, WI 54901
RE: Claim against City of Oshkosh
Dear Mr. Adkins:
Thank you again for the opportunity to discuss your claim against the City for the floor issue. In
our discussion you had raised some concerns relative to the procedure that was used to
investigate this claim. You were concerned that no one from the insurance company had spoken
directly to you regarding your claim and no one from the insurance company had come to your
home to personally view the damage to your floor. In checking with the insurance adjuster
assigned to your claim, she had initially asked to speak with you when she called the phone
number that you had provided. Your wife indicated that you were not available but that she
could answer questions which she did. The adjuster did not personally visit your home to inspect
the damage as a city supervisor had visited your property and took photos and relayed that
information to the adjuster.
In addition to your concerns relative to the procedure, you had indicated that you believed that a
city employee had caused a hairline cut in the flooring by placing a water meter cap on the floor
during the process of replacing the meter. After reviewing this with the adjuster and employees
and viewing the type of meter involved, I cannot conclude that the adjuster was incorrect in the
assessment that the City of Oshkosh employees were not negligent when installing the meter.
Although your wife noticed the cut in the floor while cleaning after the employee had completed
the meter installation, it is not clear that the cut was caused by the employee or that it could have
been caused in the manner in which you described in our meeting.
Although I know that this is not the response that you had desired, please be assured that our
office has fully reviewed your claim. Based upon the information that we have at this time, we
would agree with the adjuster's conclusion.
Sincerely,
j CIR OF OSHKO
. Lorenso
A
City Attorney