HomeMy WebLinkAbout30. 13-37
JANUARY 22, 2013 12-37 RESOLUTION
(CARRIED ___7-0___ LOST _______ LAID OVER _______ WITHDRAWN _______)
PURPOSE: DISALLOWANCE OF CLAIM BY ROBERT KOSTOPOLUS
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:
Robert Kostopolus DATE OF LOSS: 10/25/2012
(for alleged damages from a water main break)
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 O. Hammons Dr
P.O. Box 5555
January 7,2013 Mattison, WI 53705-0553
877-204-9712
CITY OF OSHKOSH
ATTN: PAM UBRIG
PO BOX 1130 !�1 s
OSHKOSH,WI. 54902 L/
JAN 0 7 2013 �"'1
RE: Our Claim#: WM000702660605
Date of Loss: 10/25/2012 yy } '
� " 4IL.�
Claimant: ROBERT KOSTOPOLUS d�
816 HOBBS AVE OSHKOSH WI 54904 _. �..�_.m. ._..�....��
Dear Pam:
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 they sustained damages as a result of the cities
negligence.
Our investigation has revealed that the City of Oshkosh was not negligent or liable for this incident.
Wisconsin Statute 895.52 would also provide immunity to the City for the claimant's damages.The city
has a routine maintenance plan to exercise their valves and flush their lines which is a usual and
customary procedure to mitigate backups.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- erg
Joel Meixelsperger
Casualty Claim Specialist
Office: 608.828.5792
Fax: 800.720.3512
imeixelsperger @statewidesvcs.com
CC: Willis of WI