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HomeMy WebLinkAbout11-388AUGUST 23, 2011 11 -388 RESOLUTION (CARRIED 6 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: DISALLOWANCE OF CLAIM BY THOMAS LAVIOLETTE INITIATED BY: LEGAL DEPARTMENT WHEREAS, the following claim has been referred to the City's insurance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: Thomas Laviolette DATE OF LOSS: 7/19/2011 (for alleged vehicle damage due to being struck by a fire truck) 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. _ _� s qa AUG 082011 CITY CLERK'S OFFICE 1700 Opdyke Court Auburn Hills, Michigan 48326 (248) 371 -3100 (800) 225 -6561 (248) 371 -3091 fax www.midwestclaims.com Re: Program: League of Wisconsin Municipalities Mutual Insurance Our Insured: City of Oshkosh Date of Loss: 07/19/2011 Our Claim # WI8 155140 Claimant: Thomas LaViolette Dear Mr. LaViolette: 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 are in receipt of the above - stated claim in which you alleged that a City vehicle struck your parked car on July 19, 2011. Our investigation has revealed that certain alleged facts regarding duty or causation are in dispute or unproven; therefore, we will be recommending that the City of Oshkosh disallow this claim. City employees witnessed a vehicle pull from a driveway and strike your parked vehicle therefore we do not find liability with the City. Midwest Claim Service will be unable to pay for your property damage. Sincerely, Shannon Fike Claims Adjuster cc: City of Oshkosh WILLIS HRH A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.-