HomeMy WebLinkAbout17. 14-113
MARCH 11, 2014 14-113 RESOLUTION
(CARRIED___6-0____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY DISCOVERY PROPERTIES
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:
Discovery Properties DATE OF LOSS: 1/31/2014
(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 1240 John Q.Hammons Dr,
P.O.Pox 5555
14ksw'Yd7 53705-6555
677.204.4712
March 3, 2014
City of Oshkosh
PO Box 1130
Oshkosh WI 54902
RE: Our Claim#: WM000602510021
Date of Loss: 02/15/2014
Claimant: DISCOVERY PROPERTIES LLC
ATTN: MICHAEL GOUDREAU
230 OHIO ST SUITE 200
OSHKOSH WI 54902
Dear Pamela:
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. Further,the
city had no advanced notice of any issue that would impose a ministerial duty upon you.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 the claimant files a lawsuit in this matter, Statewide Services will hire an attorney to defend you.
Please send us a copy of the summons and complaint immediately and note the date when you were
served. 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