HomeMy WebLinkAbout13. 13-293JUNE 11, 2013 13 -293 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY JUSTIN SMITH
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:
Justin Smith DATE OF LOSS: 5/9/2013
(for alleged damages to his vehicle while driving through construction area)
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 H o
June 4, 2013
CITY OF OSHKOSH
ATTN: PAM UBRIG
PO BOX 1130
OSHKOSH, WI 54903
RE: Our Claim #: WM000702660639
Date of Loss: 05/09/2013
Claimant: Justin Smith
605 W Lincoln Ave, Oshkosh WI 54901
Dear Ms. Ubrig:
Q. ammons r.
P.O. Box 5555
Madison, W1 53705 -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 the claimant is asserting a claim for a tire repair after
he allegedly drove over and picked up a bolt in a construction zone at or near Algoma
Boulevard and New York Avenue.
Our investigation has found no liability or negligence on the City for this alleged incident. it
cannot be proven where, when or how the bolt got in the claimant's tire. 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 11
Statewide Services Inc
855- 828 -5515 office
866- 828 -6613 fax
gkimpton(o)-statewidesvcs.com
CC: Tim Nickels, Agent