HomeMy WebLinkAbout15. 13-61
FEBRUARY 12, 2013 13-61 RESOLUTION
(CARRIED ___6-0__ LOST _______ LAID OVER _______ WITHDRAWN _______)
PURPOSE: DISALLOWANCE OF CLAIM BY ALLAN STANG
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:
Allan Stang DATE OF LOSS: 11/30/2012
(for alleged damages to his building from sidewalk work)
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.
R0. Box 5555
February 5, 2013 Madison,WI 53705-0555
877-204-9712
CITY OF OSHKOSH Via E-mail
ATTN: PAM UBRIG
PO BOX 1130
OSHKOSH, WI 54903
RE: Our Claim #: WM000702660609 I#Ft9
Date of Loss: 11/30/2011 a 20/3
Claimant: Allan R Stang
1000 W. 9'h Avenue, Oshkosh WI 54902
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"Claim Form"from the City of Oshkosh dated 1213/12, through which Mr. Stang
asserts the concrete work that was laid for the sidewalk on Knapp Street by Carl Bowers &Sons
Construction Co. cracked the side of his building.
We have conducted an investigation and completed our review of this claim.According to the
Construction Contract Agreement between the City of Oshkosh and Carl Bowers& Sons
Construction Co Inc,there is a Hold Harmless paragraph in which the contractor agrees to hold
the City of Oshkosh harmless of any and all claims and demands. In addition, the City of
Oshkosh and it's officers and employees and agents are named as an additional insured on the
Certificate of Liability Insurance for Carl Bowers &Sons Construction.
Therefore,we are recommending that the City of Oshkosh deny this claim pursuant to the
Wisconsin Statute for Disallowance of Claim 893.80(1g).The disallowance of this claim will
shorten the statute of limitations period to six months. The basis of this denial is that the City of
Oshkosh is not legally liable for the claimant's damages. We believe this claim should be
tendered to Carl Bowers & Sons Construction Co.
Please send your disallowance, on your letterhead, directly to the claimant at the above listed
addresses.This should be sent certified or registered mail and must be received by the claimant
within 120 days after you received the claim. Please send me a copy of the Notice of
Disallowance for our file.
Sincerely,
Ginger Kimpton
Casualty Claims Adjuster
855-828-5515/866-828-6613 fax
gkimoton(a7statewidesvcs.com
CC: Tim Nickels, Agent