HomeMy WebLinkAbout11-262JUNE 14, 2011 11 -262 RESOLUTION
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY SABRINA HILL
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:
Sabrina Hill DATE OF LOSS: 7/1/2010
(for alleged injuries as a result of tripping on rolls of cyclone wire)
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.
a May 13, 2011
0 MAY 2 3 2011
City of Oshkosh
Attn: Pamela Ubrig '�'�/ , (°''
215 Church Ave. CITY 1 CLER$�'t OFFICE
MIDWEST P.O. Box 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: 7/1/2010
(248) 371 -3100
(800) 225 -6561 Our Claim #: WI8 148740
(248) 371 -3091 fax Claimant: Sabrina Hill
www.midwestclaims.com 2316 Harrison Street
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 Notice of Claim in which the claimant, Sabrina Hill, sustained bodily injury when she
allegedly tripped over rolls of cyclone wire located on the sidewalk in the parking lot to the west
of the Leach Amphitheater, in the City of Oshkosh. The claimant's attorney alleges that the City
was negligent in their inspection of the sidewalk and failure to warn of the danger.
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 there is no negligence on behalf of
the City of Oshkosh. Our investigation has revealed that certain alleged facts regarding duty or
causation are in dispute or unproven. Additionally, the construction activity in the area of the
Leach Amphitheater was performed by Phenco, Inc. and/or their subcontractors. As such, we
have tendered this claim to Phenco, Inc.
Please submit the disallowance directly to the claimant, Sabrina Hill. The disallowance should be
sent certified or registered mail and must be received by the claimant within 120 from the date the
Notice of 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
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.'