HomeMy WebLinkAbout11-260JUNE 14, 2011 11 -260 RESOLUTION
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY KAREN ARREOLA
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:
Karen Arreola DATE OF LOSS: 8/9/2010
(for alleged injuries as a result of tripping on the sidewalk)
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.
May 24, 2011
City of Oshkosh
Attn: Pamela Ubrig
215 Church Ave.
MIDWEST P.O. Box 1130
CLAIMS SERVICE Oshkosh, WI 54903 -1130
1700 Opdyke Court
Auburn Hills, Michigan Program: League of Wisconsin Municipalities Mutual Insurance
48326 Our Insured: City of Oshkosh
(248) 371 -3100
(800) 225 -6561 Date of Loss: 8/09/2010
(248) 371 -3091 fax Our Claim # W18 149803
www.midwestclaims.com Claimant: Karen Arreola
1261 Elmwood Ave.
Oshkosh, WI 54901
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, Karen Arreola, sustained bodily injury when she allegedly
tripped and fell on a raised portion of sidewalk located at 1446 New York Avenue in the City of
Oshkosh, on August 9, 2010. The claimant's attorney has alleged that the City of Oshkosh was
negligent in their repair, maintenance and warning of defects in the sidewalk.
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 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 certain alleged facts regarding
causation are in dispute or unproven.
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,
Jessica Lowther, SCLA
Senior Claims Adjuster
Enclosure
cc: WILLIS HRH
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.-