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HomeMy WebLinkAbout38. 12-478 SEPTEMBER 25, 2012 12-478 RESOLUTION (CARRIED__7-0_____ LOST _______ LAID OVER _______ WITHDRAWN _______) PURPOSE: DISALLOWANCE OF CLAIM BY MARK MILLER INITIATED BY: LEGAL DEPARTMENT WHEREAS, the following claim has been referred to the City's insurance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: Mark Miller DATE OF LOSS: 5/3/2012 (for alleged damages as a result of a sewer back up) 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 September 12,2012 Madison,WI 53705-0555 877-204 9712 CITY OF OSHKOSH PO BOX 1130 OSHKOSH WI 54902 SEP 12 2012 RE: Our Claim#: WM000702660600 Date of Loss: 05/03/2012 Claimant: Marc Miller 1309 Liberty St,Oshkosh,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 damages to his basement as a result of a sewer back up. Our investigation has revealed that the City of Oshkosh was not negligent or liable 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. 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 letter for our file. If you have any questions,please feel free to contact me.Thank you. Sinc , oel Meixelsperger Casualty Claim Specialist Office: 608.828.5792 Fax: 800.720.3512 imeixelsperger @statewidesvcs.com CC: Willis of Wl.