HomeMy WebLinkAbout22. 13-240MAY 14, 2013 13 -240 RESOLUTION
(CARRIED 6 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY BRENDA FRANCIS
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:
Brenda Francis DATE OF LOSS: 3/12/2013
(for alleged damage to vehicle from snow /ice chunk left in driveway by the city plow)
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, Znc.
Claim Division 1241 John Q Hammons Dr
May 3, 2013
CITY OF OSHKOSH
ATTN: PAM UBRIG
PO BOX 1130
OSHKOSH, WI 54902
RE: Our Claim #: WM000702660632
Date of Loss: 0311212013
Claimant: Brenda Francis
915 Hamey Ave, Oshkosh WI 54901
Dear Ms. Ubrig:
Ro, Box 5555
Madison, W153705 -0555"
877.204 -9712
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 above - stated claim in which Ms. Francis is alleging the City of Oshkosh left a large
chunk of snow and/or ice in or near her driveway during one of it's plowing projects on March
12, 2013. Ms. Francis stated she couldn't see the chunk of snow /ice, and she drove over it,
causing damage to her vehicle.
Our investigation has revealed that the City of Oshkosh was not negligent or liable for this
incident. Therefore, we recommend that the City of Oshkosh disallow this claim pursuant to the
Wisconsin Statute for disallowance of claim 893.80(1 g). The disallowance of the claim in this
manner will allow us to shorten the statute of limitations period to six months. The reason for our
denial is that none of the drivers recall leaving any large chunks of snow or ice at this location.
Also, the claimant would have a duty of lookout and the majority of negligence would be hers.
Finally, there is no way to prove where, when or how the chunk of snow /ice got to be there, or
how long it was there. There is no way to know that the chunk came from a City snowplow. Ms.
Francis was not there to witness the chunk being dropped or placed in the roadway.
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 your Notice of
Disallowance for our file.
Sincerely,
Ginger Kimpton
Casualty Claims Adjuster II
855 - 828 -5515 / 866 - 828 -6613 fax
(I kimpton@stat6widesvcs.com
CC: Tim Nickels, Agent
MAY 03 2013
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