HomeMy WebLinkAbout11-14JANUARY 11, 2011 11 -14 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY TIMOTHY SULLIVAN
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:
Timothy Sullivan DATE OF LOSS: 8/25/2010
(for alleged damages to his vehicle from ruts 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.
Imo'
00
MS S
1700 Opdyke Court
Auburn Hills, Michigan
48326
(248) 371 -3100
(800) 225 -6561
(248) 371 -3091 fax
www.midwestclaims.com
December 29, 2010
City of Oshkosh
Attn: Pamela Ubrig"
215 Church Ave.
P.O. Box 1130
Oshkosh, WI 54903 -1130
Re: Program:
Our Insured:
Date of Loss
Our Claim #
Claimant:
Dear Ms. Ubrig:
League of Wisconsin Municipalities Mutual Insurance
City of Oshkosh
08/25/2010
WI8 150599
Timothy Brian Sullivan
912A Merrit Ave, Oshkosh, WI 54901
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 alleges his
vehicle was damaged as a result of ruts in the roadway located behind Schultz Pharmacy and
the New Old Oshkosh Saloon in Oshkosh, WI. The incident occurred on August 25, 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.
We have completed our investigation of this claim and have made a determination that this
area is out of the City's jurisdiction. The area is under the jurisdiction of the property owners,
therefore the claimant may attempt to bring a claim against that party (or parties). In the event
these ruts were within the Cities jurisdiction, the City would need prior notice of the defect
before they could be liable. A municipality has no liability unless it knew, or should have
known, of the existence of the defect and had a reasonable amount of time to make repairs.
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 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 x309;
Sincerely,
s o1 0
Shannon Fike
Claims Adjuster ,
cc: WILLIS HRH
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.-