HomeMy WebLinkAbout11-286JUNE 28, 2011 11 -286 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY SCOTT & KIRSTEN LANGKAU
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:
Scott & Kirsten Langkau DATE OF LOSS: 2/7/2011
(for alleged damage as a result of a sewer backup)
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.
June 16, 2011
City of Oshkosh
Attn: Pamela Ubrig
215 Church Ave.
P.O. Box 1130
Oshkosh, WI 54903 -1130
CLAIMS SERVICE
Re:
Program:
1700 Opdyke Court
Our Insured:
Auburn Hills, Michigan
Date of Loss:
48326
Our Claim ##
(248) 371 -3100
(800) 225 -6561
Claimant:
(248) 371 -3091 fax
www.midwestclaims.com
Dear Ms. Ubrig:
COPY
League of Wisconsin Municipalities Mutual Insurance
City of Oshkosh
02/07/2011
WI8 153139
Scott Langkau and Kristin Langkau
876 W 17th Ave; Oshkosh, WI 54902
Midwest Claims Service, Inc. is the claims administrator for the League of Wisconsin
Municipalities Mutual Insurance who provides the insurance coverage for the City of
Oshkosh. We have received notice of the above - stated claim in which the claimant alleges
damages due to a sewer backup. The incident occurred on February 7, 2011.
Our investigation has revealed that certain alleged facts regarding duty or causation are in
dispute or unproven; therefore, 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
the claim in this manner will allow us to shorten the statute of limitations period to 6 months.
The basis of this denial should be that there is no liability on behalf of the City of Oshkosh.
Our investigation has revealed that the cause of the sewer backup was due to a blockage in the
main sewer line. The City of Oshkosh did not have prior notice of the blockage and upon
notice remedied the situation. A municipality has no liability unless it knew, or should have
known, of the existence of a defect and had a reasonable amount of time to repair the defect.
Please send your denial letter directly to the claimant at the above- stated address. Your denial
should be sent certified or registered mail (restricted) and must be received by the claimant
within 120 days after you received the claim. Please send a copy of your denial to our address
as stated above. If you have any further questions, please feel free to call me at 1- 800 -225-
6561 x3099.
Sincerely,
Shannon Fike
Claims Adjuster
cc: WILLIS HRH
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.-