HomeMy WebLinkAbout40. 14-36
JANUARY 14, 2014 14-36 RESOLUTION
(CARRIED___6-0____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY RICHARD WERNER, SR
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:
Richard Werner, Sr. DATE OF LOSS: 12/16/2013
(for alleged damages to his mailbox from the snowplow)
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.
PO. Box 5555
Madison,WI 53705-0555
December 31, 2013 877-204-9712
CITY OF OSHKOSH
ATTN: PAM UBRIG
PO BOX 1130
OSHKOSH,WI 54903-1130
RE: Our Claim#: WM000702660672
Date of Loss: 12/16/2013
Claimant: Richard Werner Sr, 1065 Ardmore Trail
Oshkosh, WI 54904
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
been notified of the above-referenced claim in which Mr. Werner Sr. is alleging that his rural
mailbox was hit twice on 12/16/13 and 12/23/13 and needs replacement.
Based on our investigation of this claim, the City driver does not believe he hit the mailbox. In
addition, the mailbox was not installed per USPS specifications or the Department of Public
Works requirements. Therefore, after review of this claim, we have determined that the City is
not responsible or liable for the alleged damages, and 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,
Ginger Kimpton
Casualty Claims Adjuster II
855-828-5515 office
866-828-6613 fax '`
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