HomeMy WebLinkAbout11-414SEPTEMBER 13, 2011 11 -414 RESOLUTION
(CARRIED 6 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY ALEX TONEY
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:
Alex Toney DATE OF LOSS: 7/24/2011
(for alleged damage to tire while driving on High Avenue)
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.
MIDWEST
CLAIMS SERVICE
1700 Opdyke Court
Auburn Hills, Michigan
48326
(248) 371 -3100
(800) 225 -6561
(248) 371 -3091 fax
www.midwestclaims.com
August 29, 2011
City of Oshkosh
Attn: Pamela Ubrig
215 Church. Ave.
P.O. Box 1130
Oshkosh, WI 54903 -1130
Re: Program:
Our Insured:
Date of Loss
Our Claim #:
Claimant:
Dear Ms. Ubrig:
R D ECE�VE D
SEP O 12011 0
CITY CLERK'S OFFICE
League of Wisconsin Municipalities Mutual Insurance
City of Oshkosh
07/24/2011
WI8 155380
Karen Toney
1315 Grand St; Oshkosh, WI 54901
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 after turning onto High Street from Congress in Oshkosh, WI. The
incident occurred on July 24, 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 Northeast Asphalt Inc. The claimant may
attempt to bring a claim against that party as the City is held harmless for their actions.
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.
S' cerely,
Shannon Fike
Claims Adjuster
cc: WILLIS HRH
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.