HomeMy WebLinkAbout37. 14-33
JANUARY 14, 2014 14-33 RESOLUTION
(CARRIED_______LOST________LAID OVER________WITHDRAWN____X____)
BY STAFF
PURPOSE: DISALLOWANCE OF CLAIM BY DOUGLAS BERGER
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 Berger DATE OF LOSS: 10/27/2013
(for alleged damages from a sewer backup)
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.
JANUARY 14, 2014 14-33 RESOLUTION
(CARRIED LOST LAID OVER WITHDRAWN X )
BY STAFF
PURPOSE: DISALLOWANCE OF CLAIM BY DOUGLAS BERGER
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 Berger DATE OF LOSS: 10/27/2013
(for alleged damages from a sewer backup)
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
PA.Box 5555
Mattison,WI 53705-0555
877-204-9712
December 6, 2013 � -
CITY OF OSHKOSH 't
ATTN: PAM UBRIG
PO BOX 1130 DEC 1 0 € s'
OSHKOSH,WI. 54902 � 2013 ',�'
RE: Our Claim#: WM000702660667
Date of Loss: 10/27/13
Claimant: DOUGLAS BERGER '
260 GRACELAND DR
OSHKOSH WI 54904
Dear Pam:
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 alleges they sustained damages as a result of the cities
negligence.
Our investigation has revealed that the City of Oshkosh was not negligent or liable for this incident.
There is no evidence that the city failed to perform any required ministerial functions.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 letter for our file. If you have any questions, please feel free to contact me.
Sincerely,
Joel Meixelsperger
Casualty Claim Specialist
Office: 608.828.5792
Fax: 800.720.3512
jmeixelsperger @statewidesvcs.com
CC: Willis of Wisconsin
CITY HALL
215 Church Avenue
P.O.Box 1130
OShkos". 90 -1130 City of Oshkosh
54903-1130
(1111-)
OfHKO/H
TO: Honorable Mayor and Members of the Common Council
FROM: Lynn A. Lorenson, City Attorne oj
DATE: January 13, 2014
RE: Resolution 14-33 Disallowance of Claim — Douglas Berger
Mr. Patek and I requested the City Clerk to pull Resolution 14-33 a disallowance of
claim for Douglas Berger. The claim relates to problems with a sanitary sewer lateral.
The insurance company reviewed the claim and had recommended denial, however
staff would like to do further review of this claim prior to recommending Council action./ JN 14 20,4
CITY Ci,'I t"('S 6, IC
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