HomeMy WebLinkAbout11-517
NOVEMBER 22, 2011 11-517 RESOLUTION
(CARRIED ___7-0_____ LOST _______ LAID OVER _______ WITHDRAWN _______)
PURPOSE: DISALLOWANCE OF CLAIM BY DAVID RICHMOND
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:
David Richmond DATE OF LOSS: 10/2/2011
(for alleged damages to vehicle as a result of hitting a manhole cover laying in the
street at Pearl Avenue & Dawes Street)
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;ohn Q.Hammons Dr.
0.0.Box 5555
Madlsai,VJi 53705-0555
377-204 WI.'
November 16, 2011
City of Oshkosh
Attn Pamela Ubrig
215 Church Avenue
P.O. Box 1130
Oshkosh, WI. 54903
Program: League of Wisconsin Municipalities Mutual Insurance
Our Insured: City of Oshkosh
Date of loss: 10/02/2011
Our Claim# WM000702660011
Claimant: David Richmond
1007 N Sawyer Street
Oshkosh, WI. 54902
Dear Ms. Ubrig,
Statewide Services, 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, David Richmond sustained damage to his
vehicle from a dislodged man hole cover on Pearl and Dawes Streets.
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(1g). 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 no
reported calls to City of Oshkosh or police that this manhole cover was dislodged until
time of the loss, and it was immediately replaced by city employees upon this notice,
therefore we do not find any 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 a copy of the
disallowance to Statewide Services Inc.
Sincerely,
Lois Reynolds
PO Box 5555
Madison, WI. 53705-0555
855-828-5514
lreynolds@statewidesvcs.com
CC: Tim Nickels
David Praska
Lynn Lorenson