HomeMy WebLinkAbout11-460OCTOBER 11, 2011 11 -460 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY KEVIN ABITZ
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:
Kevin Abitz 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 23, 2011 SEP 2 6 2011
CITY CLERKS OFFICE
Kevin Abitz
835 W 19th Ave
MIDWEST Oshkosh, WI 54902
CLAIMS SERVICE
1700 Opdyke Court Re: Program: League of Wisconsin Municipalities Mutual Insurance
Auburn Hills, Michigan Our Insured: City of Oshkosh
48326 Date of Loss: 05/19/2011
(248) 371 -3100
(800) 225 -6561 Our Claim # WI8 154538
(248) 371 -3091 fax Claimant: Kevin Abitz
www.midwestclaims.com
Dear Mr. Abitz:
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 contend you sustained
damages to a sewer backup event. The date of incident was May 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. Our investigation did not find any liability on behalf of the City. Pursuant to our
findings, the proximate cause of this sewer backup was due to a blockage in the main sewer
line. The City did not have prior notice of any type of blockage or defect, and upon notice the
City 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.
Sincerely,
.n Fike
Claims Adjuster
cc: City of Oshkosh
WILLIS HRH
A SUBSIDIARY OF HCC INSURANCE HOLDINGS. INC.