HomeMy WebLinkAbout11-158APRIL 12, 2011 11 -158 RESOLUTION
(CARRIED 6 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY MICHAEL, PEGGY & KAINE
THOMPSON
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:
Michael, Peggy & Kaine Thompson DATE OF LOSS: 2/6/2008
(for alleged bodily injuries due to a vehicle accident with city employee)
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 17, 2011 III j
MAR 2 1 2011 /
City of Oshkosh
Attn: Pam Ubrig� a
215 Church Ave. �
MIDWEST P.O. sox 1130
CLAIMS SERVICE Oshkosh, WI 54903 -1130
1700 Opdyke Court Program: League of Wisconsin Municipalities Mutual Insurance
Auburn Hills, Michigan Our Insured: City of Oshkosh
48326 Date of loss: 2/06/2008
(248) 371 -3100
(800) 225 -6561 Our Claim #: W18 136320
(248) 371 -3091 fax Claimants: Michael, Peggy and Kaine Thompson
www.midwestclaims.com 3295 Old Orchard Lane
Oshkosh, WI
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 concerning injuries sustained by minor claimant, Kaine Thompson, and
pursued by his parents, Michael and Peggy Thompson, through their attorney. The claimant
attorney alleges that City of Oshkosh employee, Phillip Charley, was negligent in the operation of
a City -owned vehicle on February 6, 2008. The claimant attorney alleges that the City of
Oshkosh was negligent pursuant to the principles of Respondeat Superior. The claimant attorney
specifically alleges that the City employee failed to obey a red traffic light and struck a school
bus, in which the claimant was a passenger.
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 this claim will shorten the statute of
limitations period to (6) months. Our investigation has revealed that the City of Oshkosh is not
negligent with respect to this motor vehicle accident. The City employee /driver will testify that
he had the right -of -way. As there are no eye- witnesses to dispute this, we must conclude that the
City employee had the right -of -way and was not negligent in the operation of the vehicle.
Please send the disallowance directly to the claimants at the above listed address This denial
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; MC
Senior Claims Adjuster
Enclosure
Cc: WILLIS HRH
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.-