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HomeMy WebLinkAbout11-562 DECEMBER 27, 2011 11-562 RESOLUTION (CARRIED ___6-0____ LOST _______ LAID OVER _______ WITHDRAWN _______) PURPOSE: DISALLOWANCE OF CLAIM BY STATE FARM INSURANCE (BETSY HEDBERG) INITIATED BY: LEGAL DEPARTMENT WHEREAS, the following claim has been referred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: State Farm Insurance (Betsy Hedberg) DATE OF LOSS: 10/20/2011 (for alleged loss sustained by the insured during an accident on Wisconsin Street & West Lincoln 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.Hammons Dr. P.O.Box 5555 Madison,WI 53705-0555 877-204-9712 December 9, 2011 �k /7 v � City of Oshkosh Attn Pamela Ubrig DEC 0 9 2011 215 Church Avenue P.O. Box 1130 CITY CLERK'S Oshkosh, WI. 54903 FFIC j Program: League of Wisconsin Municipalities Mutual Insurance VL Our Insured: City of Oshkosh Date of loss: 10/20/2011 Our Claim# WM000702660028 Claimant: State Farm Insurance Company PO Box 52273 Phoenix, AZ. 85072.2273 Insured Betsy Hedberg Dear Ms. Ubrig, Statewide Services, Inc. administers the claims for the League of Wisconsin Municipalities Mutual Insurance and through the City of Oshkosh is insured. We are in receipt of this claim in which State Farm is requesting subrogation payment. We have reviewed the 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 six (6) months. The basis of this denial is that in our discussion with the City of Oshkosh city streets department, they followed the city policy of installing a temporary portable stop sign when one is pulled out, damaged or stolen that meets DOT standards of 4 feet in height. Within four(4) days of that portable sign being installed, the new sign and pole were installed at this location. Our investigation revealed that there was no violation to the city policy. Please submit the disallowance directly to the 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. Claims.