HomeMy WebLinkAbout11-50FEBRUARY 8, 2011 11 -50 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY KELLY SCHWAB
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:
Kelly Schwab DATE OF LOSS: 12/11/2010
(for alleged damages to her vehicle as a result of hitting a piece of metal in the
street)
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.
MIDWEST
CLAIMS SERVICE
1700 Opdyke Court
Auburn Hills, Michigan
48326
(248) 371 -3100
(800) 225 -6561
(248) 371 -3091 fax
www.midwestclaims.com
January 27, 2011
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:
sl
If
JAN ; lUi1
League of Wisconsin Municipalities Mutual Insurance
City of Oshkosh
12/11/2010
WI8 151379
Kelly Schwab
429 Algoma Blvd, 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 struck a
piece of metal located on Algoma Boulevard in Oshkosh, Wisconsin causing damage to tires
on her vehicle. The incident occurred on December 11, 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(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 should be that there is no liability on behalf of the City of Oshkosh.
The claimant alleges that the metal fell from a City vehicle and the City failed to remove it
from the roadway. It was determined there was no notice of metal in the roadway and there
were no defects or missing pieces from the City trucks. A municipality has no liability
unless it knew, or should have known, of the existence of a 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 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,
Shannon Fike
Claims Adjuster
cc: WILLIS HRH
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.'