HomeMy WebLinkAbout34. 14-198
APRIL 22, 2014 14-198 RESOLUTION
(CARRIED__7-0______LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY MICHAEL PAMER
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:
Michael Pamer DATES OF LOSS: 2/13/2014 & 3/7/2014
(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. Hammon Dr.
Ro. Box 5555
Madison, WI 53705 -0555
677- 204-9712
April 5, 2014
City of Oshkosh
PO Box 1130
Oshkosh WI 54902
RE: Our Claim #:
Date of Loss:
Claimant:
Dear Pam:
WM000702660694
02/13/2014
MICHAEL PAMER
1234 W 6TH AVE
OSHKOSH WI 54902
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
sewer main froze due to the cold weather conditions and not as a result of something the city did or
failed to do and there is nothing the city could have done to prevent the main from breaking. There is
also no evidence that the city failed to perform any required ministerial functions. 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
u
APR C17014
r 1
Claim Division 1291 John Q. Hammons Dc
P.O. Box 5555
Madison, W1 53705 -0555
677- 2049712
April 5, 2014
City of Oshkosh
PO Box 1130
Oshkosh WI 54902
RE: Our Claim #: WM000702660699
Date of Loss: 03/07/2014
Claimant: MICHAEL PAMER
1234 W 6TH AVE
OSHKOSH WI 54902
Dear Pam:
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
sewer main froze due to the cold weather conditions and not as a result of something the city did or
failed to do. This was the second freeze up that occurred at this location. The city responded properly
and cleared the sewer main after the first incident; there was nothing the city could have done to
prevent the main from freezing the second time. There is also no evidence that the city failed to
perform any required ministerial functions. 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