HomeMy WebLinkAbout11-413SEPTEMBER 13, 2011 11 -413 RESOLUTION
(CARRIED 6 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY INGRID CORLETT
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:
Ingrid Corlett DATE OF LOSS: 7/13/2011
(for alleged damage to tire due to street construction)
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.
, � %[/ F
August 19, 2011 Q
AUG 2 2011
City of Oshkosh
Attn: Pamela Ubrig CITY CLERK'S OFFICE
215 Church Ave.
P.O. Box 1130
Oshkosh, WI 54903 -1130
MIDWEST
CLAIMS SERVICE Re: Program: League of Wisconsin Municipalities Mutual Insurance
Our Insured: City of Oshkosh
1700 Opdyke Court Date of Loss: 07/13/2011
Auburn Hills, Michigan Our Claim #: WI8 155381
48326 Claimant: Ingrid Corlett
(248) 371 -3100
(800) 225 -6561 70 Eveline St; Oshkosh, WI 54901
(248) 371 -3091 fax
www.midwestclaims.com
Dear Ms. Ubrig:
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 tire was
allegedly damaged when she struck nails and steel shanks in the roadway while traveling in
the area of 9th Avenue and Perkins in Oshkosh, WI. The incident occurred on July 13, 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.
The project in this area is under the jurisdiction of the Department of Transportation. The
claimant may attempt to bring a claim against that party. In the event this defect was not a
part of the construction project, the City would need prior notice of the defect in the roadway
before they could be liable. The City was not working in this area and had no notice of the
defect. A municipality has no liability unless it knew, or should have known, of the existence
of the defect and had a reasonable amount of time to make repairs
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 I IOLDINGS, INC.