HomeMy WebLinkAbout32. 12-143
MARCH 27, 2012 12-143 RESOLUTION
(CARRIED ___6-0___ LOST _______ LAID OVER _______ WITHDRAWN _______)
PURPOSE: DISALLOWANCE OF CLAIM BY MEGAN BARTEL
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:
Megan Bartel DATE OF LOSS: Between 9/23/11 and
1/4/12
(for alleged damage to her vehicle while it was impounded)
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 Or.
P.O.Box 5555
Madison,WI
March 16, 2012 877-204-9712 53705-0555
CITY OF OSHKOSH
ATTN: PAM UBRIG
PO BOX 1130
OSHKOSH,WI 54902
RE: Our Claim#: WM000702660582
Date of Loss: 01/04/2012
Claimant: Megan Bartel
723 Division Street, Oshkosh Street 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 damage to her
vehicle after it was taken into Police custody and/or while being held sometime between 9/23/11
and 1/4/12.
Our investigation has revealed that neither the City of Oshkosh nor the City of Oshkosh Police
Department was 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 our denial is that our investigation has revealed the damage to the
claimant's right front fender was caused by the tow truck driver,who is employed by Nolte's
Service&24-Hour Towing, and who we have confirmed is not a City employee. We have put
Nolte's Service on notice and are tendering the claim to their insurance carrier.
Please send your disallowance 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 letter for our file. Thank you.
Sincerely,
Ginger Kimpton t ,
Casualty Claims Adjuster +t �}/� E 855-828-5515/868-828-6613 fax \1
gkimptone'c�statewidesvcs.com f-�
MARY 6 2012
CC: Tim Nickels,Agent
CITY OFFI
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