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HomeMy WebLinkAbout11-486 OCTOBER 25, 2011 11-486 RESOLUTION (CARRIED __7-0__ LOST _______ LAID OVER _______ WITHDRAWN _______) PURPOSE: DISALLOWANCE OF CLAIM BY KEN ALLEN INITIATED BY: LEGAL DEPARTMENT WHEREAS, the following claim has been referred to the City's insurance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: Ken Allen DATE OF LOSS: 8/25/2011 (for alleged damage to vehicle due to hitting a boulder in parking space in the library parking lot) 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. Statewide Services Inc, Claim Division n -2: \ 1241 P.O. Box John 5555 Q, I-iammons Dr. �,r L� , October 12, 2011 '.,..1 Madison, WI 53705-0555 -�, 1 l 1 877-204-9712 �+ OCT 132011 J City of Oshkosh Attn Pamela Urig 215 Church Avenue CITY CLL. 'r« 1. P.O. Box 1130 Oshkosh,WI. 54903 Program: League of Wisconsin Municipalities Mutual Insurance Our Insured: City of Oshkosh Date of loss: 8/25/2011 Our Claim# WM000702660002 Claimant: Ken Allen 3256 West 20th Avenue Oshkosh, WI. 54904 Dear Ms. Ubrig, Statewide Services, Inc. administers the claims for the league of Wisconsin Municipalities Mutual Insuran through which the City of Oshkosh is insured. We are in receipt of the above-stated claim, in which the claimant Ken Allen sustained damage to his vehicle in the Library parking lot, We have reviewed the matter and recommend that the City of Oshkosh deny this claim pursuant to the Wisconsin statue for disallowance of claim 893.80(lg). The disallowance will shorten the statue of limitations period to (6)months.The basis of this denial is the lack of negligence on behalf of the City of Oshkosh. Our investigation revealed the maintenance department was out and inspected the parking lot at 9 AM nothing was out of place so there is no negligence on City of Oshkosh. Please submit the disallowance directly to claimant at the above address. The disallowance should be sent certified or registered mail and must be received by the claimant within 120 days after you receive Notice of Claim. Please send copy of the disallowance to Statewide Services Inc. Sincerely, Enclosure CC: Willis of Wisconsin Inc