HomeMy WebLinkAbout11-240MAY 24, 2011 11 -240 RESOLUTION
(CARRIED 5 -1 P LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY DEBRA BOUSHLEY
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:
Debra Boushley DATE OF LOSS: 12/2/2010
(for alleged injuries as a result of her walker striking 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.
tJ MAY 1 1 2011
MIDWEST
CLAIMS SERVICE
1700 Opdyke Court
Auburn Hills, Michigan
48326
(248) 371 -3100
(800) 225 -6561
(248) 371 -3091 fax
www.midwestclaims.com
May 6, 2011
City of Oshkosh
Attn: Pamela Ubrig
215 Church Ave.
P.O. Box 1130
Oshkosh, WI 54903 -1130
CITY CLEWS OFF
Program:
League of Wisconsin Municipalities Mutual Insurance
Our Insured:
City of Oshkosh
Date of Loss:
12/02/2010
Our Claim #
WI8 151472
Claimant:
Debra Boushley
100 Court Street, Apt. #306
Oshkosh, W154901
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 claim in which the claimant, Debra Boushley, sustained bodily injury when she allegedly
fell at the intersection of Otter Street and Court Street on December 2, 2010. The claimant has
alleged that her walker struck a pothole in the roadway causing her to fall.
We recommend that the City of Oshkosh deny this claim pursuant to the Wisconsin statute for
disallowance of claim 893.80(1 g). The disallowance of the claim in this manner will shorten the
statute of limitations period to 6 months. The basis of this denial is that there is no negligence on
behalf of the City of Oshkosh. Our investigation has revealed that there is insufficient evidence
to support that the claimant fell on city property. Additionally, the area in which she allegedly
fell is not defective.
Please send your denial directly to the claimant at the above - stated address. This denial should be
sent certified or registered mail and must be received by the Claimant within 120 days after you
received the claim. Please send copy of the disallowance to Midwest Claims Service, Inc.
Sincerely,
C I 111
Jessica Lowther, SCLA
Senior Claims Adjuster
Enclosure .
cc: WILLIS HRH
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.'