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HomeMy WebLinkAbout19. 13-481 OCTOBER 22, 2013 13-481 RESOLUTION (CARRIED__6-0___LOST________LAID OVER________WITHDRAWN________) PURPOSE: DISALLOWANCE OF CLAIM BY STEVE & REBECCA KAISER 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: Steve & Rebecca Kaiser DATE OF LOSS: 9/7/2013 (for alleged damage to their vehicle while parked near City Hall) 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 Madison, WI 53705-0555 877-204-9712 October 11, 2013 CITY OF OSHKOSH ATTN: PAM UBRIG PO BOX 1130 OSHKOSH, WI 54903 RE: Our Claim #: WM000702660658 Date of Loss: 09/07/2013 Claimant: Steve and Rebecca Kaiser 3993 Marquart Lane, Omro WI 54963 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 have completed our investigation of the above-referenced claim in which the Kaisers are alleging their 2001 Nissan Altima was damaged while parked in or near the City Hall parking lot on 9/7/13. Our investigation has revealed that the City of Oshkosh was not liable for this incident as this appears to be an act of vandalism and not an act of negligence on the part of the City. Furthermore, there were no witnesses to the incident, and the claimants cannot recall the date, time or place of occurrence. 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 the 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 Kim ton ( ``� ' �! Casualty Claims Adjuster II 855-828-5515/866-828-6613 fax / OCT 14 2013 gkimpton(a)statewidesvcs.com `J CC: Tim Nickels, Agent CITY CI ER6,._rA ._ { CE