HomeMy WebLinkAbout21. 13-424
SEPTEMBER 10, 2013 13-424 RESOLUTION
(CARRIED__6-0____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY BRIAN REICHARD
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:
Brian Reichard DATE OF LOSS: 6/4/2013
(for alleged damage to his recycling cart)
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.
STATE OF WISCONSIN )
COUNTY OF WINNEBAGO ) SS
CITY OF OSHKOSH )
I, PAMELA R. UBRIG, City Clerk for the City of Oshkosh, Winnebago County, Wisconsin, do
hereby certify that the foregoing resolution is a true and correct copy of the original on file in my
office, adopted by the Common Council of the City of Oshkosh, Wisconsin at the meeting held on
September 10, 2013.
Witness my hand and the Corporation seal of the City of Oshkosh, Wisconsin.
DATED: September 11, 2013 __________________________________________
City Clerk of the City of Oshkosh,
Winnebago County, Wisconsin
Statewide Services, Inc.
Claim Division 1241 John Q. Hammons Dr.
P.Q. Box 5555
August 26, 2013 Madison, WI 53705-0555
877-204-9712
CITY OF OSHKOSH ' n
[-ff.) ± I�
ATTN: PAM UBRIG n'
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PO BOX 1130
OSHKOSH, WI 54903 L / AUG 2 s 201
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RE: Our Claim#: WM000702660650 ~
Date of Loss: 06/04/2013 CITY`' r`
Claimant: Brian Richard - h,_ �' UFFICE
1025 Alpine Court, 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 allegedly sustained damages to his
recycling bin on June 4, 2103.
Our investigation has revealed that the City of Oshkosh was not negligent or liable for this
incident as we do not believe the garbage truck caused the damage to the recycling bin. Our
decision is based on our conversations with the sanitation supervisor, Jim Hintz, and the
garbage collector, Bob Langenfeld, who reenacted the incident and were unable to damage a
recycling bin with a garbage truck as there are sensors on the truck when the container is close
to being set onto the ground to reduce the speed so the container can be set softly on the
pavement. Mr. Langenfeld does not recall ever damaging the claimant's recycling bin. Mr. Hintz
did indicate that the manufacture, Totar, warranties the bins for 10 years against manufacturer's
defects, and that the claimant would need to file a claim on a website to attempt to recover a
new bin. However, based on our inspection, it looks as if the container may have been struck by
a 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 Notice of
Disallowance for our file.
Sincerely,
Ginger Kimpton
Casualty Claims Adjuster II
855-828-5515 office/866-828-6613 fax
gkimpton at statewidesvcs.com
CC: Tim Nickels, Agent