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HomeMy WebLinkAbout27. 12-86FEBRUARY 28, 2012 12 -86 RESOLUTION (CARRIED 6 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: DISALLOWANCE OF CLAIM BY ELISA HERNANDEZ INITIATED BY: LEGAL DEPARTMENT WHEREAS, the following claim has been referred to the City's insurance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: 11/1/2011 (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 r Inc. _ _ -- Claim Division 1241 John Q. Hammons Dr, February 10, 2012 CITY OF OSHKOSH ATTN: PAM UBRIG PO BOX 1130 OSHKOSH, Wl 54903 RE: Our Claim #: Date of toss: Claimant: Dear Ms. Ubrig: WM000702660573 11/01/2011 Ellisa Hernandez 342 W 8" Ave Oshkosh, WI 54902 P.O. Box 5555 Wd #son, wf 537 05 - 0555 877 -2 04 -9752 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. Our investigation has revealed that there is no evidence and/or information concerning the breaking of the outer door by the City of Oshkosh Police Department on November 1, 2011. The investigating Police Officers deny this occurrence and alleged damages. 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 denialfdisallowance, on your letterhead, directly to the claimant at the above listed address. This denial should be sent certified or registered (restricted) Mali 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 r ly, Ginger Kim on Casualty CI ims Adjuster PO Box 256 Mount Horeb, WI 53572 866 -82 8-55151866- 828 -6613 fax skim atonCcstatewidesvcs. com CC: Tim Nickels, Agent