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HomeMy WebLinkAbout11-155APRIL 12, 2011 11 -155 RESOLUTION (CARRIED 6 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: DISALLOWANCE OF CLAIM BY GARRY DECKER INITIATED BY: LEGAL DEPARTMENT WHEREAS, the following claim has been referred to the City's insurance carrier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: Garry Decker DATE OF LOSS: 7/1/2011 (for alleged damages as a result of water in his basement) 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. February 7, 2011 MIDWEST CLAIMS SERVICE 1700 Opdyke Court Auburn Hills, Michigan 48326 (248) 371 -3100 (800) 225 -6561 (248) 371 -3091 fax www.midwestciaims.com 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 alleges water in his basement located at 616 Ohio Street was a result of contractor error. The incident occurred on July 1, 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(1g). 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 the claimant failed to provide timely notice as required under Wisconsin Law. Under 893.80, the City must receive a written notice of circumstances within 120 days after the event. Additionally, we have not received any evidence that would indicate the City is liable for this incident. The City hired a contractor to fix the missed lateral, however, only corrected part of the claimant problem. 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.' City of Oshkosh V 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: 07/01/2010 Our Claim # WI8 10946 Claimant: Garry H Decker 1113 Oregon Street, Oshkosh, WI 54902 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 alleges water in his basement located at 616 Ohio Street was a result of contractor error. The incident occurred on July 1, 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(1g). 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 the claimant failed to provide timely notice as required under Wisconsin Law. Under 893.80, the City must receive a written notice of circumstances within 120 days after the event. Additionally, we have not received any evidence that would indicate the City is liable for this incident. The City hired a contractor to fix the missed lateral, however, only corrected part of the claimant problem. 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.'