HomeMy WebLinkAbout12. 12-306
JUNE 12, 2012 12-306 RESOLUTION
(CARRIED ___7-0____ LOST _______ LAID OVER _______ WITHDRAWN _______)
PURPOSE: DISALLOWANCE OF CLAIM BY BRITTANY NENNING
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:
Brittany Nenning DATE OF LOSS: 1/4/2012
(for alleged injuries as a result of slipping on the ice in the parking lot at South Park)
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.
May 15, 2012
CITY OF OSHKOSH
ATTN: PAM UBRIG
PO BOX 1130
OSHKOSH, WI 54903
RE: Our Claim #: WM000702660588
Date of Loss: 01/04/2012
Claimant: Brittany Nennig
219A W1 0th Avenue, Oshkosh WI 54902 .
Dear Ms. Ubrig:
P.Q. Box 5555
Madison, WI 53705 -0555
877 -244 -9712
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 "Claim Form' dated April 26, 2012, through which Ms. Nennig asserts she
sustained bodily injury as a result of an alleged slip and fall on ice in the parking lot of South
Park on January 4, 2012.
We recommend that the City of Oshkosh deny this claim pursuant to the Wisconsin statute for
disallowance of a claim 893.80(1g). The disallowance of this claim will shorten the statute of
limitations period to six months. The basis of this denial is that the City of Oshkosh is not legally
liable for the claimant's 1njuriesldamages, Our investigation has revealed that there Is no
negligence on behalf of the City. Ms. Nennig was familiar with the park and was fully aware of
the conditions of the parking lot on the day In question. Based on our investigation and
Information provided for review, we believe the City was within the three -week requirement; and
therefore, the City is entitled to governmental immunity for natural accumulation of ice and
snow.
Please send your disallowance, on your letterhead, directly to the claimant at the above listed
address. This should be sent certified or registered 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.
Sincerely,
Ginger Kimpton -,' �_ ) -�
Casually Claims Adjuster 1 - I. 1� I ,
PO Box 256 D-)
Mount Horeb, WI 53572
855 - 82855'151 866 - 828 -6613 fax 1, MAY 1 2012
skim oton(a.statewldesvcs. com
CC: Tim Nickels, Agent C, ARK F