HomeMy WebLinkAbout13. 13-494
NOVEMBER 12, 2013 13-494 RESOLUTION
(CARRIED__6-0__LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY SCOTT STEPHANY
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:
Scott Stephany DATE OF LOSS: 6/26/2013
(for alleged injuries from falling in a grassy area near the Convention Center)
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 24, 2013
CITY OF OSHKOSH
ATTN: PAM UBRIG
PO BOX 1130
OSHKOSH, WI 54903
RE: Our Claim#: WM000702660661
Date of Loss: 06/26/2013
Claimant: Scott Edwin Stephany, 926 Meadow Lane
Fond du Lac, WI 54935
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 "Claim"documentation regarding the above-referenced incident in which Mr.
Stephany allegedly stepped into a hole in a grassy area at or near the Oshkosh Convention
Center on or about June 26, 2013.
Our investigation has revealed that the City of Oshkosh was not negligent or liable for this
incident as the City did not have prior notice of the condition which allegedly caused this
incident. A municipality has no liability unless it knew, or should have known, of the existence of
the condition and had reasonable amount of time to repair the condition.Therefore, in the
absence of negligence and absence of notice of the condition on the part of the City, 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.
Thank you.
Sincerely, i C
c ,� ,
r
Ginger Kimpton , ''.
Casualty Claims Adjuster II f 4 2013
855-828-5515/866-828-6613 fax !9� ""`` J'
akimpton{a statewidesvcs.com TV CLERK
CC: Tim Nickels, Agent - FIc