HomeMy WebLinkAbout30. 13-97
FEBRUARY 26, 2013 13-97 RESOLUTION
(CARRIED___7-0____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY MARLYN WATKINS
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:
Marlyn Watkins DATE OF LOSS: 10/7/2012
(for alleged injuries from falling on sidewalk)
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.
P.O. Box 5555
Madison,WI 53705-0555
February 7, 2013 877-204-9712
CITY OF OSHKOSH
ATTN: PAM UBRIG
PO BOX 1130
OSHKOSH,WI 54903
RE: Our Claim#: WM000702660610
Date of Loss: 10/07/2012
Claimant: Marlyn R Watkins
1545 Villa Park Drive, Oshkosh WI 54904
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"dated December 4, 2012,through which Ms. Watkins asserts she
sustained injuries as a result of an alleged trip and fall on a sidewalk located at 1520 Maricopa
Drive on October 7, 2012.
Our investigation has revealed that the City of Oshkosh was not negligent or liable for this
incident as the City did not have prior notice or previous complaints regarding this sidewalk.As
soon as the City became aware of this incident, City Officials inspected the scene; and once it
was determined to be"hazardous", immediate action was taken, and temporary repairs were
made. In addition,the claimant was very familiar with the sidewalk area as she walked it
regularly. 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
disallowance for our file.
Sincerely,
Ginger Kimpton
Casualty Claims Adjuster
855-828-55151866-828-6613 fax
okimptonCc�statewidesvcs.com 0 7 2013
CC: Tim Nickels, Agent