HomeMy WebLinkAbout13. 12-438
SEPTEMBER 11, 2012 12-438 RESOLUTION
(CARRIED ___6-0____ LOST _______ LAID OVER _______ WITHDRAWN _______)
PURPOSE: DISALLOWANCE OF CLAIM BY KEVIN MANNING
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:
Kevin Manning DATE OF LOSS: 6/28/2012
(for alleged damages to his vehicle from hitting a pot-hole)
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.
P.O. Box 5555
August 29, 2012 Madison,WI 53705-0555
877-204-9712
CITY OF OSHKOSH
ATTN: PAM UBRIG
PO BOX 1130
OSHKOSH,WI 54902
RE: Our Claim#: WM000702660597
Date of Loss: 06/28/2012
Claimant: Kevin Manning
1630 - 16th Avenue South, Escanaba MI 49829
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 damages to his
vehicle after driving over a pothole in the road on US Hwy 41 between Oshkosh and Neenah,
WI on June 28, 2012.
Our investigation has revealed that the City of Oshkosh was not negligent or liable for this
incident as the City of Oshkosh has no jurisdiction over the US Hwy 41 Department of
Transportation project which is a project through the State of Wisconsin, according to Dave
Patek. 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.
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 for our file.
Thank you.
rey,
�t
Ginger Kimpton
Casualty Claims Adjuster
PO Box 256
Mount Horeb, WI 53572 `
855-828-5515/866-828-6613 fax
pkimpton a(?statewidesvcs.com Us
Si Si
CC: Tim Nickels,Agent 2012