HomeMy WebLinkAbout39. 14-35
JANUARY 14, 2014 14-35 RESOLUTION
(CARRIED__6-0_____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY PATRICIA KRAUSE
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:
Patricia Krause DATE OF LOSS: 8/11/2013
(for alleged damages from falling on the sidewalk)
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
November 21, 2013 Madison,WI 53705-0555
877-204-9712
CITY OF OSHKOSH
ATTN: PAM UBRIG . 'f
PO BOX 1130
OSHKOSH, WI 54903
u NOV 2 2 2013 s ->
RE: Our Claim#: WM000702660657 _N: .
Date of Loss: 08/11/2013 -� €
Claimant: Patricia Krause, 1917 Simpson Street
Oshkosh, WI 54902
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 Notice of Claim in which Ms. Krause is asserting damages for an alleged trip/slip
and fall incident that occurred on the sidewalk at the intersection of 19th and Ohio Street on
August 11, 2013.
Our investigation has revealed that the City of Oshkosh was not negligent or liable for this
incident. This incident occurred during a construction project in which the City had contracted
with Advance Construction Inc. to install handicap ramps at all the corners of this intersection.
The claimant is alleging that the cause of her fall was"the situated barrels, stanchions and
string"that were present at the time. Upon review of the Contract between the City and Advance
Construction LLC, under the section, ARTICLE IV. CONTRACTOR TO HOLD CITY
HARMLESS, there is language stating that the Contractor agrees to protect and hold the City
harmless against all claims and demands of any kind. Therefore, in the absence of negligence
on the part of the City, and based on the hold harmless language in the contract, 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. You may send a copy to the Attorney, but the certified or registered (restricted)mail
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,
Ginger Kimpton
Casualty Claims Adjuster II
855-828-5515/866-828-6613 fax
pkimptonc statewidesvcs.com
CC: Tim Nickels, Agent