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HomeMy WebLinkAbout31. 13-38 JANUARY 22, 2013 12-38 RESOLUTION (CARRIED ___7-0____ LOST _______ LAID OVER _______ WITHDRAWN _______) PURPOSE: DISALLOWANCE OF CLAIM BY CODY HIGGINBOTHAM INITIATED BY: LEGAL DEPARTMENT WHEREAS, the following claim has been referred to the City's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: Cody Higginbotham DATE OF LOSS: 5/10/2010 (for alleged injuries from being a passenger on the city bus) 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. Transit Mutual Insurance r Corporation of Wisconsin T , 2575 South Memorial Drive, Suite 105 Appleton, WI 549 1 5-1 483 Telephone (920) 832-3970• Fax (920) 832-3974 k � ,1 • 4 January 15, 2013 � 1'20, Ms. Pamela Ubrig '�t City Clerk ( e City of Oshkosh `` ' / 215 Church Avenue Oshkosh, WI 54904 RE: Our Insured: City of Oshkosh Claimant: Cody Higginbotham a.k.a Cody Putrow Date of Loss: 05/10/10 Our File No.: OSH111168 Notice Filed: 01/11/13 Dear Ms. Ubrig: We have investigated the claim of Cody Higginbotham, aka Cody Putrow for injuries and/or property damage. We have determined that the City of Oshkosh is not responsible for the alleged damages as presented in the Notice of Claim. For this reason, we request that you take the necessary legal steps to actively disallow this claim under Sec. 893.80(1g)Wisconsin Statutes. Please place this claim before your Council at the next regularly scheduled meeting for formal disallowance and forward a copy of the disallowance to this office when approved. Thank you for your assistance. Please contact me if you have any questions. Very truly yours, ez:t4 Cathy Stabo Claims Director, TMi