HomeMy WebLinkAbout19. 13-445
SEPTEMBER 24, 2013 13-445 RESOLUTION
(CARRIED__6-0____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY DOUGLAS MARCINIAK
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:
Douglas Marcinik DATE OF LOSS: 7/30/2013
(for alleged damages to his vehicle)
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.
September 10, 2013 P.O. Box 5555
Madison, WI 53705-0555
877-204-9712
CITY OF OSHKOSH
PAM UBRIG
PO BOX 1130
OSHKOSH, WI 54903
RE: Our Claim#: WM000702660654 ?E P 1 d 2013
Date of Loss: 07/30/2013
Claimant: Douglas Marciniak
1155 Heritage Trail, Oshkosh WI 54904
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 damage to his 2001
Honda Civic on July 30, 2013.
Our investigation has revealed that the City of Oshkosh was not negligent or liable for this
incident as the damages to the claimant's vehicle are not consistent with the equipment that
was used during the crack-sealing operation. In addition, there was a safety guard which was
properly in place and cannot be removed. The City employees working at the time denied
striking the claimant's vehicle. Finally, there were no witnesses to this alleged incident, including
the claimant who did not witness this incident himself.
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 for our
file.
Sin = ely,
Ginger Ki J pton /
Casualty !aims Adjust-r II
855-828-5515 office
866-828-6613 fax
pkimpton(a�statewidesvcs.com
CC: Tim Nickels, Agent