HomeMy WebLinkAbout11-104MARCH 8, 2011 11 -104 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY ELEANOR BARNEY
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:
Eleanor Barney DATE OF LOSS: 4/8/2009
(for alleged injuries as a result of tripping on a raised part of a sidewalk
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, Inc. administers the claims for the League of Wisconsin Municipalities
Mutual Insurance through which the City of Oshkosh is insured. We are in receipt of the above -
stated Notice of Claim in which the claimant, Eleanor Barney, sustained bodily injury when she
allegedly tripped and fell on the sidewalk located at 1211 Elmwood Avenue in the City of
Oshkosh. The claimant's attorney alleges that the proximate cause of this accident was a joint
displacement in the sidewalk.
We have completed our investigation of this claim and recommend that the City of Oshkosh deny
this claim pursuant to the Wisconsin statute for disallowance of claim 893.80(lg). The
disallowance will shorten the statute of limitations period to (6) months. The basis of this denial
is the lack of negligence on behalf of the City of Oshko The claimant attorney has not
supported that this alleged defect was the proximate cause of this accident. Additionally, our
investigation revealed that the City did not have actual or constructive notice of the alleged
defect.
Please submit the disallowance directly to the claim at the above - stated address. The
disallowance should be sent certified or registered mail and must be received by the claimant
within 120 days after you received the Notice of Claim. Please send a copy of the disallowance
to Midwest Claims Service, Inc.
Sincerely,
Jessica Lowther, SCLA
Senior Claims Adjuster
Enclosure
cc: WILLIS HRH
David Praska, Assistant City Attorney
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.-
February 22, 2011
1 '
City of Oshkosh
Attn: Pamela Ubrig
215 Church Ave.
P.O. Box 1130
MIDWEST
Oshkosh, WI 54903
CLAIMS SERVICE
1700 Opdyke Court
Program:
League of Wisconsin Municipalities Mutual Insurance
Auburn Hills, Michigan
Our Insured:
City of Oshkosh
48326
Date of Loss:
4/08/2009
(248) 371 -3100
(800) 225 -6561
Our Claim #
WI8 141164
(248) 371 -3091 fax
Claimant:
Eleanor Barney
www.midwestclaims.com
1335 Summit Ave., #311
Oshkosh, WI 54901
Dear Ms.
Ubrig,
Midwest Claims Service, Inc. administers the claims for the League of Wisconsin Municipalities
Mutual Insurance through which the City of Oshkosh is insured. We are in receipt of the above -
stated Notice of Claim in which the claimant, Eleanor Barney, sustained bodily injury when she
allegedly tripped and fell on the sidewalk located at 1211 Elmwood Avenue in the City of
Oshkosh. The claimant's attorney alleges that the proximate cause of this accident was a joint
displacement in the sidewalk.
We have completed our investigation of this claim and recommend that the City of Oshkosh deny
this claim pursuant to the Wisconsin statute for disallowance of claim 893.80(lg). The
disallowance will shorten the statute of limitations period to (6) months. The basis of this denial
is the lack of negligence on behalf of the City of Oshko The claimant attorney has not
supported that this alleged defect was the proximate cause of this accident. Additionally, our
investigation revealed that the City did not have actual or constructive notice of the alleged
defect.
Please submit the disallowance directly to the claim at the above - stated address. The
disallowance should be sent certified or registered mail and must be received by the claimant
within 120 days after you received the Notice of Claim. Please send a copy of the disallowance
to Midwest Claims Service, Inc.
Sincerely,
Jessica Lowther, SCLA
Senior Claims Adjuster
Enclosure
cc: WILLIS HRH
David Praska, Assistant City Attorney
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.-