HomeMy WebLinkAbout11-157APRIL 12, 2011 11 -157 RESOLUTION
(CARRIED 6 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY TERRI HACKER
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:
Terri Hacker DATE OF LOSS: 10/18/2010
(for alleged bodily injuries as a result of an uneven roadway)
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
Dear Ms. Ubrig:
March 30, 2011
City of Oshkosh
Attn: Pamela Ubrig
215 Church Ave.
P.O. Box 1130
Oshkosh, W1
Program: League of Wisconsin Municipalities Mutual Insurance
Our Insured:
City of Oshkosh
Date of loss:
10/18/2010
Our Claim #:
WI8 151199
Claimant:
Terri Hacker
1036 Grand Street
Oshkosh, WI 54901
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 claim in which the claimant, Terri Hacker, sustained bodily injury
when she stepped onto or into an uneven unpaved portion of roadway located in front of her
home at 1036 Grand Street on October 18, 2010. The claimant alleges that during the early
morning hours she walked into the roadway directly in front of her home and stepped into or
onto gravel that was not level.
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 of this claim will shorten the statute of limitations period to 6 months. The basis
of this disallowance is that there was no negligence on behalf of the City of Oshkosh with
respect to this incident. If there ever was a finding of negligence on behalf of the City of
Oshkosh, the standard of review is that the City would only be liable if it was more than 50%
comparatively negligent for this incident. Our investigation has revealed that the claimant holds
the vast majority of negligence and as such, her claim is barred. The claimant was familiar with
the construction activity being performed directly in front of her home. On the date of loss the
claimant stated that she was rushing to her vehicle (in the dark) and walked directly into the
construction zone.
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.-
The construction activity in this area was performed by Advanced Construction. This
construction site was the responsibility of the contractor at the time of this alleged incident. As
such, we have tendered this claim to Advance Construction.
Please submit the disallowance directly to the claimant, Terri Hacker. This disallowance should
be sent certified or registered mail and must be received by the claimant within 120 days from
the date the claim was filed. Please forward a copy of this disallowance to Midwest Claims
Service, Inc. for our records.
Sincerely,
Jessica Lowther, SCLA
Senior Claims Adjuster
Enclosure
Cc: WILLIS HRH