HomeMy WebLinkAbout11-436SEPTEMBER 27, 2011 11 -436 RESOLUTION
(CARRIED 6 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY SCOTT NEY
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 Ney DATE OF LOSS: 4/8/2011
(for alleged damage from 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.
September 14, 2011
SEP 1 9 2011
City of Oshkosh
Attn: Pamela Ubrig CITY ��[ ®��� ��
215 Church Ave. [I� OFFICE
P.O. Box 1130
Oshkosh, WI 54903 -1130
Re: Program: League of Wisconsin Municipalities Mutual Insurance
Our Insured: City of Oshkosh
Date of Loss: 04/08/2011
Our Claim # WI8 154541
Claimant: Scott Ney and Ann Ney
845 W 19th Ave; Oshkosh, WI 54902
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 alleges
damages due to a sewer backup. The incident occurred on April 8, 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 sewer backup was within the claimant lateral line and there
is no evidence of a blockage within the main sewer line. 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,
l F '�
ike
Claims Adjuster
cc: WILLIS HRH
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.
MIDWEST
CLAIMS SERVICE
1700 Opdyke Court
Auburn Hills, Michigan
48326
(248) 371 -3100
(800) 225 -6561
(248) 371 -3091 fax
www.midwestclaims.com
P.O. Box 1130
Oshkosh, WI 54903 -1130
Re: Program: League of Wisconsin Municipalities Mutual Insurance
Our Insured: City of Oshkosh
Date of Loss: 04/08/2011
Our Claim # WI8 154541
Claimant: Scott Ney and Ann Ney
845 W 19th Ave; Oshkosh, WI 54902
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 alleges
damages due to a sewer backup. The incident occurred on April 8, 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 sewer backup was within the claimant lateral line and there
is no evidence of a blockage within the main sewer line. 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,
l F '�
ike
Claims Adjuster
cc: WILLIS HRH
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.