HomeMy WebLinkAbout32. 13-391
AUGUST 13, 2013 13-391 RESOLUTION
(CARRIED__7-0____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY NORM BOCK
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:
Norm Bock DATE OF LOSS: 6/11/2013
(for alleged damages from a pothole)
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 Inc. �
Claim Division 1241)011P Q.Hammer's Dr.
wamms555
Kw~vo.w/o/o5'o5s5
July 23, 2013 577-2**712
CITY OF OSHKOSH
ATTN: PAM UBRIG
PO BOX 113O
OSHKOSH,VV| 54903-113U
RE' Our Claim#: VYyN000702660844
Date of Loss: 00/11/2018
Claimant. Norm Bock
2242 White Swan Dr, 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"Claim Form"dated June 24, 2013, through which Mr Bock asserts he sustained
damage to his moped when he drove over a pothole on Murdock Avenue on June 11, 2013.
Please be advised that we recommend that the City of Oshkosh deny this claim pursuant to the
Wisconsin Statute for Disallowance nf Claim 8S3.O0(1g) The disallowance of this claim will
shorten the statute of limitations period to six months.The basis of this denial is that we have
found no liability or negligence on behalf of the City of Oshkosh. Based on our investigation, the
City had no prior knowledge of the pothole which allegedly caused this incident A municipality
has no liability unless it knew, or should have known, of the existence of the condition and had a
reasonable amount of time to repair the condition. Based on our investigation, the Streets
Department did not know of the pothole(s) until the Claim form was filed with the Clerk, and they
then took immediate action to inspect and fill the pothole(s) as they deemed necessary.
Please send your disallowance, on your letterhead, directly to the claimant at the above listed
addresses. This should be sent certified or registered 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.
Sincerely,
/J/
l
� /
Ginger_—,~n
Cooua�yC�hnuAdus�rU .( �� ' \ .' .��
PO Box 25G � \| !�- !' ' �
� .
Mount � •
WI Hob. 5O572 '' �
855'828-5515/DO5-82O-}O13fax ) | ! '
2013 ~-
CC: Tim Nickels, Agent •
� � �
`-'�
�� �