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DECEMBER 13, 2011 11-548 RESOLUTION
(CARRIED ____7-0___ LOST _______ LAID OVER _______ WITHDRAWN _______)
PURPOSE: DISALLOWANCE OF CLAIM BY CHRIS SCHETTLE
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:
Chris Schettle DATE OF LOSS: 9/16/2011
(for alleged damages to vehicle as a result of hitting metal objects on High 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.
Statewide Services, Inc,
Claim Division 1241 John Q.Hxmmons Dr.
PO.Box 5555
Madison,WI 53705-0555
577-204-971.2
November 18,2011
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# WM000702660012
Claimant: Chris Schettle
1775 Cliffview Drive
Oshkosh, WI. 54901
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,Chris Schettle sustained damage to her tire from debris
she picked up on newly black topped High Street.
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 construction being done on that
portion of High Street. Only portion of road work that needed to be completed was line painting,
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 %/' c'
855-828-5514 V L
Reynolds @statewidesvcs.com
2011
CC: Tim Nickels NOV 21
David Praska
Lynn Lorenson CITY CLERK'S OFFICE