HomeMy WebLinkAbout15. 14-111
MARCH 11, 2014 14-111 RESOLUTION
(CARRIED__6-0____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY CURTIS YOUNG
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:
Curtis Young DATE OF LOSS: 2/15/2014
(for alleged damages to his vehicle from crossing over the railroad tracks)
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.
statowr -, Se.�..r.�ve � ,_Inc.
Clain Division
,�.�. 1241 Jahn Q. Harnmans Dr, �w®
RO, Box 5555
Madison,W1 53705.0555
February 27, 2014
CITY OF OSHKOSH
ATTN: PAM UBRIG
PO BOX 1130 $
OSHKOSH,W1 54903 j
RE: Our Claim ##: WM000702660688
Date of Loss: 02115120....14
Claimant: Curtis Young, 2156 W 9t"Avenue ##5 "a. w
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 are in
receipt of the above-stated claim, in which Mr. Young is asserting damages to his 2006 Dodge
Charger when he drove over a dip in the road where the railroad tracks cross the roadway on
Parkway Avenue on February 15, 2014.
Our investigation has revealed that the City of Oshkosh was not negligent or liable for this
incident as the City does not have jurisdiction of the area where the railroad tracks cross the
roadway. Based on our conversations with Kevin Uhen, CN Railroad has jurisdiction over the
railroad and areas in the roadway directly surrounding it. According to Mr. Uhen, the City is not
able to do any repairs to these surrounding, areas in the roadway where the railroad tracks cross
Parkway Avenue which are controlled by CN Railroad.Therefore, in the absence of negligence,
liability and jurisdiction on the part of the City of Oshkosh, we recommend that the City 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 11
855-828-5515 P 866-828-6613 fax
gkimpton statewldesvcs.com
CC: Tim Nickels, Agent