HomeMy WebLinkAbout11-261JUNE 14, 2011 11 -261 RESOLUTION
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY BRIAN WIRSING
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:
Brian Wirsing DATE OF LOSS: 1/25/2011
(for alleged injuries as a result of being arrested)
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
19 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: 1/25/2011
(248) 371 -3091 fax Our Claim #: W18 152279
www.midwestclaims.com Claimant: Brian Wirsing
1102 S. Sawyer Street
Oshkosh, WI 54902
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, Brian Wirsing, alleges that he sustained bodily injury and
damages as a result of wrongful acts, excessive force and maltreatment by the City of Oshkosh
and Oshkosh police officer, Randy Johnson. The claimant specifically alleges that on January 25,
2011, he was physically attacked without cause and that subsequently he was wrongfully
imprisoned.
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. The basis of this denial is that the City of Oshkosh is not legally
liable for damage arising from this incident, if any. Our investigation has revealed that there was
no act of wrongdoing on behalf of the City or police officer, Randy Johnson.
The disallowance should be sent certified or registered mail and must be received by the claimant,
Brian Wirsing, within 120 days after you received his claim. Please send a copy of this
disallowance to Midwest Claims Service, Inc.
Sincerely,
Jessica Lowther, SCLA
Senior Claims Adjuster
Enclosure
Cc: WILLIS OF WISCONSIN, INC
x
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.-