HomeMy WebLinkAbout20. 13-423
SEPTEMBER 10, 2013 13-423 RESOLUTION
(CARRIED__6-0____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY AFNI-AMERICAN FAMILY ON
BEHALF OF 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:
AFNI-American Family on behalf of 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.
1 d, 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(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.
Si rely, .
Ginger impton
�l 1
Casualty Claims Adjuster
PO Box 256
Mount Horeb, WI 53572
855-828-5515/866-828-6613 fax
Qkimoton(a statewidesvcs.corn
CC: Tim Nickels, Agent
Page 1 of 1
Joeckel, Angela J.
From: Statewide Ginger Kimpton [gkimpton @statewidesvcs.com]
Sent: Wednesday, August 21, 2013 2:20 PM
To: Ubrig, Pam; Joeckel, Angela J.; Fredrick, Kathy M.; Lorenson, Lynn; Praska, David J.
Cc: Timothy.Nickels @willis.com; Mary.Kohn @willis.com
Subject: City of Oshkosh (Constance and Donald Norton) WM000702660643
Attachments: Oshkosh - Norton recomm disallow letters.pdf; City of Oshkosh (Constance Norton)
WM000702660643; Oshkosh vs Norton subro letter.pdf; oshkosh norton clerk note.pdf
Good afternoon,
I received the attached documentation which was sent in as a new claim. However,this goes with the above-
referenced claim number which was previously submitted to us on 6/27/13. We investigated this claim and
have recommended disallowance to the claimant on 7/10/13.
I received calls from American Family and Afni on separate occasions and both requested copies of my denial
letter at which time I faxed them each a copy of my letter recommending disallowance.Apparently that was
not sufficient as they are now sending us a subrogation letter.
Therefore,you,the City,will need to formally disallow Afni's claim per the statute by sending Afni and
American Family a Notice of Disallowance.Please refer to my 7/10/13 letter for our basis for
denial/disallowance.
Also,would you please advise the status of the disallowance of the claimant's claim which was recommended
on 7/10/13?
I have attached copies of the original claim and the new documentation for your reference.
If you have any questions,please feel free to contact me.And as always,please be sure to send me copies of
the Notices of Disallowances. Thank you.
Ginger Kimpton
Casualty Claims Adjuster II
Statewide Services Inc.
608.828.5515 direct
866.828.6613 fax
gkimpton(a�statewidesvcs.com
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9/6/2013