HomeMy WebLinkAbout10-394DECEMBER 14, 2010 10 -394 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY JACK & DOROTHY SIEWERT
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:
Jack & Dorothy Siewert DATE OF LOSS: 10/11/2010
(for alleged damage to their vehicle from the City's leaf collector)
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 2 4 2010 G
MIDWEST
CLAIMS SERVICE
1700 Opdyke Court
Auburn Hills, Michigan
48326
(248) 371 -3100
(800) 225 -6561
(248) 371 -3091 fax
www.midwestclaims.com
November 19, 2010
City of Oshkosh
Attn: Pamela Ubrig
215 Church Avenue
P.O. Box 1130
Oshkosh, WI 54903
CI `-�CE
Program:
League of Wisconsin Municipalities Mutual Insurance
Our Insured:
City of Oshkosh
Date of loss:
10/11/2010
Claimant:
Jack and Dorothy Siewert
Our Claim #:
WI8 149807
Re
Dear Ms. Ubrig:
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 a subrogation notice from State Farm Insurance Companies. The claimant,
Dorothy Siewert, alleged that a leaf removal truck operated by City employee, Douglas
Putzer, backed up and struck her stationary vehicle.
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(1 g). 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 claimant, Dorothy Siewert, is 51% or
more at fault. Since Wisconsin has modified comparative negligence, she would be
barred from recovery. The City's leaf collecting vehicle was clearly marked with a sign,
an arrow, and a flashing light to warn motorists to stay clear or go around the unit. In
addition, the truck had a beeping device to warn motorists when it was going to back up.
Even with all the warning devices, the claimant stopped her vehicle behind the leaf
collecting truck. Since she was in the City driver's blind spot, he was not able to see her
and backed into her automobile. Please send your disallowance letter to State Farm
Insurance Companies, Attn: Claim Representative from Team # 3, P.O. Box 82613,
Lincoln, NE 68501. Please also reference State Farm's claim number, 49 -5143 -889.
The denial letter 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 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,
C -alfol Kolasz, CIC, AIC
Claims Supervisor
Cc: Willis HRH
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.'