HomeMy WebLinkAbout37. 12-477
SEPTEMBER 25, 2012 12-477 RESOLUTION
(CARRIED__7-0_____ LOST _______ LAID OVER _______ WITHDRAWN _______)
PURPOSE: DISALLOWANCE OF CLAIM BY ALAN 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:
Alan Bartel DATE OF LOSS: 6/13/2012
(for alleged damages to his vehicle from backing into a dump truck)
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.
1241 John *mmmmnoo�
Claim Division Q.
P.O. Box 5555
Madison, wIs3m5-nsss
September 11, 3012 877'20*'9712
CITY OF OSHKOSH
ATTN: PAM UBRIG
PO BOX 113O
OSHKOSH, WI 54902
RE: Our Claim #: VVK4000702860599
Date of Loss: 08/13/2012
Claimant: Alan Bartel
625 Shawano Avenue, Omhhosh, WI 554901
Dear Ms. Ubrig:
Statewide Services, Inc. administers the claims for the League of Wisconsin Municipalities
Mutual |nsunance, which provides the insurance coverage for the City of Oshkosh. We are in
receipt of the above-stated c|ainn, in which the claimant allegedly sustained damage to his
vehicle when he backed into a dump truck parked at the entrance to his driveway on8/13/12.
Our investigation has revealed that the City of Oshkosh was not negligent or liable for this
incident as the m ''odtyofneg|igencereatsonthmdoimantfornctpmyingmttmntionwhenhevvas
backing out of his driveway causing him to hit the construction vehicle that was positioned there.
Therefore, we recommend that the City of Oshkosh deny this claim pursuant to the Wisconsin
Statute for disallowance of claim 893.88(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 denial/disallowance, on your letterhead, directly to the claimant at the above
listed address. This denial 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.
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Casualty aims Adjuster PO Box 256
Mount Horeb, WI 53572
855-828'5515 /868-82M-GG13fax
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CC: Tim Nickels, Agent