HomeMy WebLinkAbout17. 14-158
APRIL 8, 2014 14-158 RESOLUTION
(CARRIED___7-0_____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY ROBERT & SUSAN ACKERMANN
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:
Robert & Susan Ackermann DATE OF LOSS: 2/16/2014
(for alleged damages from a sewer back up)
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.
Claim Division 1241 John Q. t{ammons Dr.
P.O, Bax 5555
Madison, WI 53705 -0555
977 -204 -9712
April 1, 2014
ROBERT AND SUSAN ACKERMAN
2760 NEWPORT AVE
OSHKOSH Wl 54904
Regarding: Our Insured: City of Oshkosh
Claim No: WM000702660698
Date /Loss: 03/10/2013
Dear Robert and Susan:
RUTEIVED
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 you allege you sustained damages as a result of
our insured's negligence.
Please be advised that we recommended that the City of Oshkosh disallow your claim. The basis
of the denial is that our investigation has found no negligence on the City of Oshkosh. The water
main ruptured due to the cold weather conditions and not as a result of something the city did
or failed to do. There is nothing the city could have done to prevent the main from breaking.
Further, for the city to be negligent there would need to be a ministerial duty on the city. A
ministerial duty is an act or function that conforms to an instruction or prescribed procedure,
without the use of judgment or discretion. There are no codes or procedures in the
maintenance of water mains that the city failed to follow that lead to the main breaking. The
city would thereby be afforded immunity under WI Statute 893.80. Therefore, Statewide
Services will be unable to pay for your damages.
Sincerely,
Joel Meixelsperger
Casualty Claim Specialist
Office: 608.828.5792
Fax: 800.720.3512
imeixelsp-Qrger@statewidesvcs.com
CC: City of Oshkosh