HomeMy WebLinkAbout11-103MARCH 8, 2011 11 -103 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY STATE FARM INSURANCE ON
BEHALF OF JESSICA COLLINS
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:
State Farm Insurance on behalf of Jessica Collins DATE OF LOSS: 12/11/2010
(for alleged damages to her vehicle as a result of being hit by a snow plow)
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
February 21, 2011
City of Oshkosh
Attn: Pamela Ubrig
215 Church Ave.
P.O. Box 1130
Oshkosh, WI 54903 -1130
Re: Program:
League of Wisconsin Municipalities Mutual Insurance
Our Insured:
City of Oshkosh
Date of Loss:
12/12/2010
Our Claim #
WI8 151062
Claimant:
John A Collins
Claimant Carrier:
State Farm; Subrogation Services Team 60
PO Box 2371; Bloomington, IL 61702 -2371
Carrier Claim #:
49 -5152 -399
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 carrier
alleges their insured sustained damages after a collision with a City plow. The date of incident
was December 12, 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 collision occurred as the claimant attempted to pass the insured plow on the left when
both vehicles intended to make the same left turn. The plow had lights activated to signal he
was actively plowing in addition to his left turn signal. Furthermore, the claimant was
traveling at speeds too fast for conditions. If there were a finding of negligence on behalf of
the City, the standard of review would be that the City would only be liable for this loss if they
were more than 50% comparatively negligent. Our investigation has determined that if any
degree of negligence was found on behalf of the City, it would be less than 50 %.
Please send your denial letter directly to the claimant carrier 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.-