HomeMy WebLinkAbout11-156APRIL 12, 2011 11 -156 RESOLUTION
(CARRIED 6 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY XEE LAO
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:
Xee Lao DATE OF LOSS: 3/19/2011
(for alleged damages as a result of hitting a pothole)
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.
March 31, 2011
WN
MIDWEST
CLAIMS SERVICE
City of Oshkosh
Attn: Pamela Ubrig
215 Church Ave.
P.O. Box 1130
Oshkosh, WI 54903 -1130
i
APR 0 4 2011
V
League of Wisconsin Municipalities Mutual Insurance
City of Oshkosh
03/19/2011
WI8 152762
Xee Lao
1520 West Murdock 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 struck a
pothole located on Congress Avenue in Oshkosh, Wisconsin causing damage to her vehicle.
The incident occurred on March 19, 2011.
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(l 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.
Our investigation has revealed that the City did not have prior notice of this pothole in the
roadway. 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 repair the defect.
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.-
Re: Program:
1700 Opdyke Court
Our Insured:
Auburn Hills, Michigan
Date of Loss
48326
Our Claim #
(248) 371 -3100
Claimant:
(800) 225 -6561
(248) 371 -3091 fax
www.midwestolaims.com
Dear Ms. Ubrig:
City of Oshkosh
03/19/2011
WI8 152762
Xee Lao
1520 West Murdock 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 struck a
pothole located on Congress Avenue in Oshkosh, Wisconsin causing damage to her vehicle.
The incident occurred on March 19, 2011.
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(l 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.
Our investigation has revealed that the City did not have prior notice of this pothole in the
roadway. 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 repair the defect.
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.-