HomeMy WebLinkAbout20. 13-446
SEPTEMBER 24, 2013 13-446 RESOLUTION
(CARRIED__6-0___LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY DANIEL SHEARS
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:
Daniel Shears DATE OF LOSS: 7/10/2013
(for alleged damage from driving over freshly painted crosswalks)
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.
P.O. Box 5555
September 13, 2013 Madison,WI 53705-0555
877-204-9712
CITY OSHKOSH , 7-1177-
ATTN: PAM UBRIG
PO BOX 1130 +
OSHKOSH,WI 54903-1130, i �
SEP 13 2013 i �;�
RE: Our Claim #: WM000702660652 i i ,�-
Date of Loss: 07/10/2013 �,
Claimant: Daniel ShearsY s a
3755 Harvest Drive, Oshkosh WI 54901 - �- -__�.__u_____
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-referenced Claim through which Mr. Shears is asserting he sustained
damage to his 2005 Ford Five Hundred Limited when he "may have driven over freshly painted
crosswalks"at/near the Oregon Street Bridge on July 10, 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 this denial is that our
investigation has revealed that there is no negligence on behalf of the City as Chris Strong and
Greg Maxwell have confirmed that they believe the area(s) being painted and with fresh paint
were properly coned and/or barricaded. They also confirm there have been no other complaints
or prior incidents. It is also interesting to note that the claimant, Mr. Shears, contacted Greg
Maxwell, 1-2 months ago asking him when the City crews would be painting the lines on Oregon
Street, and then a short time later he filed a claim with the City.
Please send your disallowance, on your letterhead, 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.
Sincerely,
Ginger Kimpton
Casualty Claims Adjuster II
855-828-5515 office
866-828-6613 fax
akimptonCu'1_statewidesvcs.corn
CC: Tim Nickels, Agent