HomeMy WebLinkAbout26. 12-85FEBRUARY 28, 2012 12 -85 RESOLUTION
(CARRIED 6 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY ELISA HERNANDEZ
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:
Elisa Hernandez DATE OF LOSS: 10/25/2011
(for alleged damage to property from Police Department search)
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
February 10, 2012
CITY OF OSHKOSH
ATTN: PAM UBRIG
PO BOX 1130
OSHKOSH, WI 54903
RE: Our Claim #: WM000702660572
Date of loss: 10125/2011
Claimant: Pllisa Hernandez
$42 W 8th Ave
Oshkosh, Wi 54902
Dear Ms, Ubrig:
RQ, Box 5555
Madison, Wf 53705.0555
877 - 204.9712
J
` FEB 10 2012
f
CITY AKA" �i-
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 is alleging the Oshkosh Police caused
damage to her door by forced entry on October 25, 2011.
Our investigation has revealed that neither the City of Oshkosh nor the City of Oshkosh Police
Department were negligent or liable for the alleged damages as the Officers were justified in
their actions and acted appropriately to prevent the perceived danger and harm to the child(ren).
The Police Department indicated a search warrant was issued and executed pursuant to
protocol.
Therefore, we recommend that the City of Oshkosh deny 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.
Please send your denialldisallowance, on your letterhead, directly to the claimant at the above
listed address. This denial 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 letter for our file.
Sinc ly , �Oen
Ginger Ki ton
Casualty Claims Adjuster
PO Box 256
Mount Horeb, WI 53572
855 - 828 - 55151866- 828 -6613 fax
gkimeton ct,statewidesvcs.com
CC: Tim Nickels, Agent