HomeMy WebLinkAbout19. 13-352
JULY 23, 2013 13-352 RESOLUTION
(CARRIED___7-0___LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY CONSTANCE NORTON
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:
Constance Norton DATE OF LOSS: 6/26/2013
(for alleged damages from debris from a city lawn mower)
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.
Jul 10, 2013 P.O. Box 5555
July Madison,WI 53705-0555
877-204-9712
CITY OF OSHKOSH
ATTN: PAM UBRIG
PO BOX 1130
OSHKOSH, WI 54902
RE: Our Claim#: WM000702660643
Date of Loss: 06/26/2013
Claimant: Constance Norton
749 Monroe Street, Oshkosh WI 54901
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 above-stated claim, in which the claimant is alleging she sustained damage to her
vehicle when debris was kicked up from a lawn mower being operated by a City employee(s).
Our investigation has revealed that the City of Oshkosh was not negligent or liable for this
incident as we were unable to prove the damage to the claimant's vehicle was caused by a rock
or other debris kicked up from a lawnmower operated by a City employee. There is no evidence
to prove the damage was caused by the City lawnmower/operator or a rock, or other debris,
kicked up from the lawnmower. The three employees will testify they do not recall running over
a rock with the mower which may have caused the rock to kick up, strike and cause damage to
the claimant's vehicle. In addition, there were no witnesses to this alleged incident, including the
claimant who did not see what happened to cause the damage to her vehicle.
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. 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.
Si,, -rely,
j 11
Ginger impton i.�' ��
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Casualty Claims Adjuster
PO Box 256
Mount Horeb, WI 53572 JUL 1 0 2013
855-828-5515/866-828-6613 fax
okimoton rY(c statewidesvcs.com D CLERK
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CC: Tim Nickels, Agent OFFICE