HomeMy WebLinkAbout14. 13-60
FEBRUARY 12, 2013 13-60 RESOLUTION
(CARRIED __6-0__ LOST _______ LAID OVER _______ WITHDRAWN _______)
PURPOSE: DISALLOWANCE OF CLAIM BY CAROL RIVAS
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:
Carol Rivas DATE OF LOSS: 11/2/2012
(for alleged injuries from uneven street)
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 1241uahnq. xwnmom,m
P.O. Box 5555
Madison,WI 53705-0555
January 23, 2013
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CITY OF OSHKOSH
ATTN: PAM UBRIG
PQ BOX 113U
OSHKOSH, WI 54803
RE: Our Claim #: VVW1000702660506
Date of Loss: 11/02/2012
Claimant: Carol Rivas
600 Merritt Ave Apt 113, Oshkosh WI 54901
Dear Ms. U brig:
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 Ms, Rivas' claim letter dated January 21. 2013, in which the claimant sustained
injuries when her power chair allegedly tipped over on a sidewalk on the 1400 block of N. Main
Street on November 2. 2012
Our investigation has revealed that the City of Oshkosh was not negligent or liable for this
incident as the City did not have actual or constructive notice of the condition which allegedly
caused this incident. A municipality has no liability unless it knew or should have known, of the
existence of the condition and had reasonable amount of time to repair the condition Thonefore,
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 letter. Please send me a copy of your
Notice of Disallowance for our file.
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Casualty `^/avnuAdjuster -_
P{) Box 256 �^ . ' /-~ `
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Mount Horeb, VV! 53572 |L / � \.
855-O28-5515/ 888'828-6813fax i . ‘ '
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CC: Tim Nickels, Agent
CITY (0
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