HomeMy WebLinkAbout10-365NOVEMBER 23, 2010 10 -365 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY THOMAS BARLOW
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:
Thomas Barlow DATE OF LOSS: 10/5/2010
(for alleged property damage resulting from a Police Officer entering the home)
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.
NOV 032010
M "" -
' October 29, 2010 017 CLERKS Jl U FICE
City of Oshkosh
MIDWEST Attn: Pamela Ubrig
CLAIMS SERVICE P .O. Box 1130
1700 Opdyke Court Oshkosh, WI 54902
Auburn Hills, Michigan
48326 Re: Program: League of Wisconsin Municipalities Mutual Insurance
(248) 371 -3100 Our Insured: City of Oshkosh
(800) 225 -6561 Date of loss: 10/05/2010
(248) 371 -3091 fax Claimant: Thomas Barlow
www.midwestclaims.com Our Claim #: W18 149721
Dear Ms. Ubrig:
Midwest Claims Service is the claim administrator for the League of Wisconsin
Municipalities Mutual Insurance who provides the insurance coverage for the City of
Oshkosh. We have received a claim in which the claimant alleged that officers damaged
the front door on his home. The City officers had responded to a 911 call in which the
claimant's wife had made concerning her suicidal daughter. The officers followed
procedure and broke down the door when no one responded to their knocks and calls
because there was a life threatening situation inside the home.
Our investigation has revealed that certain alleged facts regarding duty or causation are
in dispute or unproven; therefore, we are making the request 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 the City of Oshkosh has governmental
immunity for discretionary functions. Immunity exists for acts, which involve the exercise
of judgment, Willow Creek v. Town of Shelby, 2000 WI 56, 235 Wis. 2d 409, 611 N.W.2d
693. The City of Oshkosh Police Department exercised judgment by knocking down the
claimant's door when they thought that there was a life threatening situation inside the
claimant's home. Please send your denial letter to Thomas Barlow, 419 Boyd Street,
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. Enclosed is a
sample denial letter format. Please send copy of 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.
Sincerely,
Carol Kolasz, CIC, AIC
Claims Supervisor
CC: Willis HRH
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.'