HomeMy WebLinkAbout36. 13-215
APRIL 23, 2013 13-215 RESOLUTION
(CARRIED___7-0__LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY LEE FAUST
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:
Lee Faust DATE OF LOSS: 7/1/2012 - Present
(for alleged lost wages due to road construction)
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.
Sta tewide Seivices, rn q.
Claim Division
P.O. 3olin Q. Hammons Ear
P.Q. Box 5555
Madison, W1 53705 -0555
877- 204-9712
January 24, 2013
-
CITY OF OSHKOSH
ATTN: PAM #)BRIG
U ;k= APR 05 2013
!�
P-O BOX 1130
OSHKOSH, WI 54903
RE: Our Claim #: WM000702660608
lti! U
? �_ f I ,
Date of loss: 07/0112012
Claimant: Lee D Faust DBA Casey's Pub
668 W 6' Ave, 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 Mr, Faust's "Claim Form" dated 1214112 in which he is claiming loss of business,
future loss, and lost customer base as a result of the City's street improvement project(s),
have reviewed the meeting minutes and resolution from the City and have found no liability or
negligence on the City of Oshkosh for Mr. Faust's alleged claim, Based on my review, I believe
the City followed the proper procedures in notifying adjacent property owners of the proposed .
project and Common Council meeting at which they'd be able to object, which Mr. Faust did
attend and speak at. After the 4124112 meeting, a Resolution was Evade by the City. 1 do not
believe Mr. Faust has a compensable claim; and therefore, I am recommending_ that the. City of
Oshkosh deny this claim pursuant to the Wisconsin Statute for disallowance of claim
893.B0(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 denial /disallowance, on your letterhead, directly to the claimant at the above
listed address. This denial 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 Notice of Disallowance for our file. Thank you.
A I y,I f I YU I Kpton J
Casualty Claims Adjuster
PO Box 256
Mount Horeb, WI 53572
855 -826 -5515 / 866 -828 -6613 fax
okim ton statewidesvcs.com
CC: Tim Nickels, Agent