HomeMy WebLinkAbout18. 14-159
APRIL 8, 2014 14-159 RESOLUTION
(CARRIED___7-0____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY PENINSULA 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:
Peninsula Properties DATE OF LOSS: 4/11/2013
(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. Hammons Or.
P.O. Sox 5555
Madison, W1 53705-0555
877 - 704 -9712
April 1, 2014
City of Oshkosh
PO Box 1130
Oshkosh WI 54902
RE: Our Claim #:
Date of Loss
Claimant:
Dear Pam:
WM000702660695
04/11/2013
PENINSULA PROPERTIES
PO BOX 963
OSHKOSH WI 54903
'C'E rT 11':1.V___.,
APR 0 1 ZQ1
... ..... ... ... I
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. The
city performs routine maintenance on the mains in the area around the loss location. Also, there was no
work being done in the area that could have contributed to the collapse. 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
i meixelsperger@statewidesvcs.com
CC: Willis of Wl