HomeMy WebLinkAbout10-393DECEMBER 14, 2010 10 -393 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY SHANNA KOLBERG
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:
Shanna Kolberg DATE OF LOSS: 10/26/2010
(for alleged damages to vehicle from hitting a trench in the road)
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.
November 30, 2010
Imo'
City of Oshkosh
Attn: Pamela Ubrig
215 Church Ave.
P.O. Box 1130
Oshkosh, WI 54903 -1130
MIDWEST
CLAIMS SERVICE
Re: Program:
League of Wisconsin Municipalities Mutual Insurance
Our Insured:
City of Oshkosh
1700 Opdyke Court
Date of Loss:
10/26/2010
Auburn Hills, Michigan
48326
Our Claim #:
WI8 150130
(248) 371 -3100
Claimant:
Shanna Kolberg
(800) 225 -6561
1175 Heidi Haven Dr, Oshkosh, WI 54904
(248) 371 -3091 fax
www.midwestclaims.com
Dear Ms. Ubrig:
Midwest Claims Service, Inc. is the claims administrator for the League of Wisconsin
Municipalities Mutual Insurance who provides the insurance coverage for the City of
Oshkosh. We have received notice of the above - stated claim in which the claimant vehicle
was allegedly damaged when she struck a trench in the roadway while traveling east of the
Oakwood Road and 20 Avenue intersection in Oshkosh, WI. The incident occurred on
October 26, 2010.
Our investigation has revealed that certain alleged facts regarding duty 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(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 should be that there is no liability on behalf of the City of Oshkosh.
The City had hired a contractor, Four Way Construction Company, to complete the
construction project in the area. The City is not responsible for the contractor error. The
claimant may wish to pursue a claim with the contractor who is insured by Regent Insurance.
Please send your denial letter directly to the claimant at the above - stated address. Your denial
should be sent certified or registered mail (restricted) and must be received by the claimant
within 120 days after you received the claim. Please send a copy of your denial to our address
as stated above. If you have any further questions, please feel free to call me at 1- 800 -225-
6561 x3099.
Sincerely, L ['
Shannon Fike
Claims Adjuster t
SEC 03 2010
cc: WILLIS HRH
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A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.'