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JANUARY 24, 2012 12-34 RESOLUTION
(CARRIED ___6-0____ LOST _______ LAID OVER _______ WITHDRAWN _______)
PURPOSE: DISALLOWANCE OF CLAIM BY PATRICIA WALKER
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:
Patricia Walker DATE OF LOSS: 9/28/2011
(for alleged injuries as a result of a fall on the sidewalk outside of city hall)
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
January 17, 2012 877-204-9712
CITY OF OSHKOSH
ATTN: PAM UBRIG
PO BOX 1130
OSHKOSH,WI 54903-1130
RE: Our Claim #: WM000702660029
Date of Loss: 09/28/2011
Claimant: Patricia Walker
568 Jefferson Street, Oshkosh WI 54901
Dear Ms. Ubrig:
Statewide Services, Inc. administers the claims for the League of Wisconsin Municipalities
Mutual Insurance, which provides the insurance coverage for the City of Oshkosh. We are in
receipt of the above-stated claim, in which the claimant allegedly sustained injuries when she
fell on the sidewalk outside of City Hall on or about September 28, 2011.
Our investigation has revealed that the City of Oshkosh was not negligent for this incident.
Therefore, we recommend that the City of Oshkosh disallow this claim pursuant to the
Wisconsin Statute for disallowance of claim 893.80(1g). The disallowance of the claim in this
manner will allow us to shorten the statute of limitations period to six months. Our decision is
based on the fact that the deviation in the sidewalk was ' " or less. The sidewalk itself is in good
condition.
I have enclosed a sample Notice of Disallowance for your use, should you choose to use it, or
you may use your own. Please send your disallowance, on your letterhead, directly to the
claimant at the above listed address. This should be sent certified or registered (restricted) mail
and must be received by the claimant within 120 days after you received the claim. Please send
me a copy of the Disallowance for our file.
Thank you.
Sincerely,
Ginger Kimpton
Casualty Claims Adjuster
855-828-5515/866-828-6613 fax
gkimptonfc�statewidesvcs.com
CC: Tim Nickels, Agent
Enclosure
{ IAN 1 8 2012 ;