HomeMy WebLinkAbout24. 12-529
OCTOBER 23, 2012 12-529 RESOLUTION
(CARRIED ___7-0 ____ LOST _______ LAID OVER _______ WITHDRAWN _______)
PURPOSE: DISALLOWANCE OF CLAIM BY BARBARA THIEDE /
C/O ATTORNEY PHILLIP GEORGES
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:
Barbara Thiede c/o Attorney Phillip Georges DATE OF LOSS: 12/20/2011
(for alleged injuries from incident involving bleachers)
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.
Sta tew ide i roc.
Claim Division 1241 John Q , Hammon Dr.
August 23, 2012
CITY OF OSHKOSH
ATTN: PAM UBRIG
PO BOX 1130
OSHKOSH, WI 54092
RE: Our Claim M. WM000702660589
Date of Loss: 1212012011
Claimant: Barbara Thiede c/o Attorney Phillip Georges
PO Box 113, Milwaukee WI 53201
Dear Ms. Ubrig:
P.O. Box 5555
hIadlson, W1 53705 -0555
877.20 -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 above - stated claim, in which the claimant alleges she sustained injuries when the
bleachers she was sitting on fell backwards at Stoegbauer Park on December 20, 2011.
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. Our decision is
based on the failure to give timely notice as dictated by the Statute, and the Claimant's version
of the facts are inconsistent and the injury is improvable. Our investigation revealed that the
bleachers were secured at the time of the incident, and long before that.
Please send your disallowance, on your letterhead, directly to the Claimant's Attorney at the
above listed address. This should be sent certified or registered (restricted) mail and must be
received by the Claimant's Attorney within 120 days after you received the claim. Please send
me a copy of the letter for our file.
Singerely, �
N olV �
Ginger Kim ton
Casualty Claims Adjuster
PO Box 256
Mount Horeb, WI 53572
855 -828- 551511366- 828 -6613 fax
gkimpton@sta_t_ewidesvcs.con1
CC: Tim Nickels, Agent
, �
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