HomeMy WebLinkAbout11-346JULY 26, 2011 11 -346 RESOLUTION
(CARRIED 6 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY MARINA STOUT
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:
Marina Stout DATE OF LOSS: 3/30/2011
(for alleged damages to her trash receptacles from the sanitation crew)
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.
Imo'
O
MIDWEST
CLAIMS SERVICE
1700 Opdyke Court
Auburn Hills, Michigan
48326
(248) 371 -3100
(800) 225 -6561
(248) 371 -3091 fax
www.midwestolaims.com
July 11, 2011
City of Oshkosh
Attn: -'Pamela Ubrig
215 Churdh Ave.
P:O. Box 1130
Oshkosh, WI 54903 -1130
Re: Program:
Our Insured:
Date of Loss:
Our Claim #
Claimant:
Dear Ms. Ubrig:
i
I f�A
JUL 1 5 2011
League of Wisconsin Municipalities Mutual Insurance
City of Oshkosh
03/30/2011
WI8 153815
Mariana Stout
1020 Jefferson St; Oshkosh, WI 54901
Midwest Claims Service, Inc. is the claim 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 a
City employee caused damages to her trash cans. The incident occurred on March 30, 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 found no evidence to establish that a City employee was responsible for
causing the damage and it is possible the cans were damaged by other means such as wear and
tear. In the absence of evidence to support the claimant allegation that the City is responsible
for these damages, we recommend the denial.
Please send your denial letter directly to the claimant at the above stated addresses. Your
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 a copy of your denial to our address as
stated above. Please feel free to call. me at 800 - 225 -6561 x3099 with any additional questions.
Sincerely,
annon Fike
Claims Adjuster
Enclosure — sample letter
cc: WILLIS HRH
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.-