HomeMy WebLinkAbout33. 13-392
AUGUST 13, 2013 13-392 RESOLUTION
(CARRIED__7-0____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY ALLEN GUSTAVOS JR.
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:
Allen Gustavos Jr. DATE OF LOSS: 5/29/2013
(for alleged damages to his vehicle from a city dump truck)
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 mm John Q. *ommmmDr.
RD. Box 5555
Madison, WI 53705-0555 25. 2013
877-204-9712
CITY OF OSHKOSH
ATTN: PAM UBRIG
PO BOX 1130
OSHKOSH, WI 54903-1130
RE: Our Claim #: VVKA000702660645
Date of Loss: 05/29/2013
Claimant: Allen Gustavos, Jr.
2401 East Ashbury Drive #7, Appleton WI 54913
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. On July 10,
2013. we received the Claim Form dated May 29, 2013. through which Mr. Gustavos asserts he
sustained property damage to his taillight in a motor vehicle accident with a City dump truck on
May 29, 2013.
Please be advised that we recommend that the City of Oshkosh deny this claim pursuant to the
Wisconsin Statute for Disallowance.of Claim 893,80(1g). The disallowance of this claim will
shorten the statute of limitations period to six months. The basis of our denial is that we have
found no negligence or liability on the City of Oshkosh or the driver, Jeffrey Luebke. Based on
Statute 346.18 (4) regarding Rules of the Road and "Entering Highway from Alley or
Nonhighway Access', the driver of a vehicle merging onto a highway must yield the right of way
for traffic already on the highway, The City dump truck was already on the highway, and Mr.
Gustavos was merging onto the highway when the accident occurred Mr. Gustavos failed to
yield the right of way to highway traffic and Mr. Luebke, thereby causing this accident.
Please send your disallowance, on your |ettedlaed, directly to the claimant at the above listed
address. 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.
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Ginger mpton
Casualty Claims Adjuster II
855-828-5515/ 866-828-6613 fax
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