HomeMy WebLinkAbout13. 12-108
MARCH 13, 2012 12-108 RESOLUTION
(CARRIED __7-0_____ LOST _______ LAID OVER _______ WITHDRAWN _______)
PURPOSE: DISALLOWANCE OF CLAIM BY MIRZA AHMED
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:
Mirza Ahmed DATE OF LOSS: 02/06/2012
(for alleged water damage to basement)
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 Divisron 1.241 30hr,Q o-Orninor,,ft
P.G. Box 5555
Malson V.1 53705 t!5`,'
R77-214-ti° 2
March 3, 2012
L 1E,
City of Oshkosh
PO Box 1130 J MAR 0 5 1012
Oshkosh, WI 54902
CITY CLERK'S OFFICE
RE: Our Claim #: WM000702660576
Date of Loss:02/06/2012
Claimant: Mirza Ahmed
1300 Maricopa Dr
Oshkosh, WI 54904
Dear City of Oshkosh:
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 sustained
property damage as the result of a sewer backup incident in his basement.
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.
The basis of this denial should be that our investigation found no liability on behalf of the
City of Oshkosh. The claimant alleges that the damages were caused by work being
performed by the City of Oshkosh in front of his residence on 02/06/2012. Information
gathered from the City shows that the last time any work was performed in that area
was 01/11/2012. Further, the claimant's lateral runs to Westhaven Drive on the side of
his residence, not the front of his residence.
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,.,
t /
/ .
Chris Traska
Property Claims Manager
Statewide Services, Inc
800-845-5480/ 866-845-2468 fax
ctraskaAstatewidesvcs.corn
CC Tim Nickels, Agent
- , _