HomeMy WebLinkAbout11-462OCTOBER 11, 2011 11 -462 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY NORMAN MOSS
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:
Norman Moss DATE OF LOSS: 5/28/2011
(for injuries from allegedly falling on Skyview 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.
L l I-'7
September 30, 2011 OCT 0 5
2011
City of Oshkosh CITY CLERK'
Attn: Pamela Ubrig OFFICE
' 215 Church Ave.
P.O. Box 1130
MIDWEST Oshkosh, WI 54903
CLAIMS SERVICE
1700 Opdyke Court Program: League of Wisconsin Municipalities Mutual Insurance
Auburn Hills, Michigan Our Insured: City of Oshkosh
48326 Date of Loss: 5/28/2011
(248) 371 -3100 Our Claim # WI8 154981
(BOO) 225 -6561 Claimant: Not-man Moss
(248) 371 -3091 fax
www.midwestclaims.com 1 756 Skyview Avenue
Oshkosh, WI54902
Dear Ms. Ubrig,
Midwest Claims Service, Inc. administers the claims for the League of Wisconsin Municipalities Mutual
Insurance through which the City of Oshkosh is insured. We are in receipt of the above - stated claim, in
which the claimant, Norman Moss, sustained bodily injury when he tripped and fell on the street located
between 1756 and 1765 Skyview Avenue in the City of Oshkosh. The claimant alleges that he tripped on
a crack located in the roadway while walking to his neighbor's home.
We have reviewed this matter and recommend that the City of Oshkosh deny this claim pursuant to the
Wisconsin statute for disallowance of claim 893.80(1g). The disallowance will shorten the statute of
limitations period to (6) months. The basis of this denial is the lack of negligence on behalf of the City of
Oshkosh. Certain alleged facts regarding duty are in dispute or unproven as it is questionable if this crack
that only measured ' /2" to 3 /" would be considered a hazard to the general public. Additionally, our
investigation revealed that the City of Oshkosh did not have actual or constructive notice of this
condition.
Please submit the disallowance directly to the claimant at the above - stated address. The disallowance
should be sent certified or registered mail and must be received by the claimant within 120 days after you
received the Notice of Claim. Please send a copy of the disallowance to Midwest Claims Service, Inc.
Sincerely,
Jessica Lowther, SCLA
Senior Claims Adjuster .
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Enclosure
cc: WILLIS OF WISCONSIN, INC.
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.