HomeMy WebLinkAbout15. 14-261
JUNE 24, 2014 14-261 RESOLUTION
(CARRIED___7-0____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY BEN CRILE C/O MICHELLE CRILE
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:
Ben Crile c/o Michelle Crile DATE OF LOSS: 1/4/2014
(for alleged injuries from sledding at Westhaven Circle Park)
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 rvic s, Inc.
Clairn Division 1241 John Q Hammons Dr.
May 29, 2014
CITY OF OSHKOSH
ATTN: PAM UBRIG
PO BOX 1130
OSHKOSH, WI 54903
RE: Our Claim #: WM000702660707
Date of Loss: 01/04/2014
Claimant: Ben Crile c/o Michelle Crile, 2120 Hamilton Street
Oshkosh, WI 54901
Dear Ms. Ubrig:
RD, Box 5555
Madison, WI 53705 -0555
877 -204 -9712
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 "Claim" documentation submitted by Ms, Crile in which her son, Ben, sustained an
injury(s) when he was sledding and allegedly ran into the bleachers at Westhaven Circle Park
on January 4, 2014,
Our investigation has revealed that the City of Oshkosh was not negligent or liable for this
incident. In addition, we have determined that recreational immunity would apply to this incident.
Therefore, in the absence of negligence, and with the applicable immunity, we recommend that
the City of Oshkosh disallow this claim pursuant to the Wisconsin Statute for disallowance of
claim 893.80(1 g). The disallowance of the claim in this manner will allow us to shorten the
statute of limitations period to six months.
The City of Oshkosh does not have Premise MedPay coverage to offer the claimant for their
out -of- pocket medical expenses.
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 II
855 -828 -5515 / 866- 828 -6613 fax
gkimpton(a.statewidesvcs.com
CC: Tim Nickels, Agent
RECEIVED
� n.
MAY 2 9 2014
CITV CLERK'S OFFICE