HomeMy WebLinkAbout11-437SEPTEMBER 27, 2011 11 -437 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(CARRIED 6 -0 LOST LAID OVER WITHDRAWN )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: 5/19/2011
(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
EcrQy[E
City of Oshkosh 0
Attn: Pamela Ubrig SE 1 9 2011
215 Church Ave.
P.O. Box 1130
Oshkosh, WI 54903 -1130 CITY
MIDWEST
CLAIMS SERVICE
Re: Program: League of Wisconsin Municipalities Mutual Insurance
1700 Opdyke Court Our Insured: City of Oshkosh
Auburn Hills, Michigan Date of Loss: 05/19/2011
48326 Our Claim # WI8 154538
(248) 371 -3100
(800) 225 -6561 Claimants: 1 - Scott Ney and Arm Ney
(248) 371 -3091 fax 845 W 19th Ave; Oshkosh, WI 54902
www.midwestclaims.com 2 - Tory Mosloski and Melissa Mosloski
836 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 claimants allege
damages due to a sewer backup. The incident occurred on May 19, 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 the cause of the sewer backup was due to a blockage in the
main sewer line. The City of Oshkosh did not have prior notice of the blockage and upon
notice remedied the situation. 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 claimants at the above - stated addresses. Your
denials should be sent certified or registered mail (restricted) and must be received 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,
C �
Shannon Fike
Claims Adjuster
cc: WILLIS HRH
A SUBSIDIARY Of HCC INSURANCE HOLDINGS. INC.