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HomeMy WebLinkAbout11-516 NOVEMBER 22, 2011 11-516 RESOLUTION (CARRIED ________ LOST _______ LAID OVER _______ WITHDRAWN ___X____) WITHDRAWN BY STAFF PURPOSE: DISALLOWANCE OF CLAIM BY LAVERN ROGERS INITIATED BY: LEGAL DEPARTMENT WHEREAS, the following claim has been referred to the City's insurance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: LaVern Rogers DATE OF LOSS: 8/11/2011 (for alleged damages to vehicle during a search by an officer of the Police Department) 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 1241 John Q. Hammons Dr. P,(3. Escx 5555 November 8, 2011 Madison 'NI 53705-0555 bir-2U4- 71.2 City of Oshkosh N : 0 8 2011 Attn Pamela Urig 215 Church Avenue P.O. Box 1130 CITY CLERK'S OFFICE Oshkosh, WI. 54903 Program: League of Wisconsin Municipalities Mutual Insurance Our Insured: City of Oshkosh Date of loss: 8/11/2011 Our Claim # WM000702660003 Claimant: LaVern Rogers 1121 Emmers Lane 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 Lavern Rogers sustained damage to his vehicle when police were investigating and makino, a leg; search. 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(Ig). 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, Lois Reynolds PO Box 5555 Madison, WI, 53705-0555 855-828-5514 Ireynoldsstatewidesvcs.com CC: Tim Nickels