HomeMy WebLinkAbout25. 14-294
JUNE 24, 2014 14-294 RESOLUTION
(CARRIED___7-0___LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY DAVID RULAND
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:
David Ruland DATE OF LOSS: 5/20/2014
(for alleged damages to his vehicle from a pothole)
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 1241 John Q. Hammons Or.
P.O. Box 5555
Madison,WI 53705-0555
June 18, 2014 877-204-9712
CITY OF OSHKOSH
ATTN: PAM UBRIG
PO BOX 1130
OSHKOSH,WI 54903-1130
RE: Our Claim#: WM000702660715
Date of Loss: 05/20/2014
Claimant: David Ruland, 500 Congress Avenue
Oshkosh, WI 54901
Dear Ms. Ubrig:
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 Mr. Ruland in which he is asserting he
sustained damages to his 2000 Toyota Sienna LX Minivan when he allegedly drove over a
pothole at/near Congress Avenue on May 20, 2014.
•
Our investigation has revealed that the City of Oshkosh was not negligent or liable for this
incident. Per our discussions with City officials, the City did not have prior notice or knowledge
of the condition (the pothole)which allegedly caused this incident. Therefore, in the absence of
negligence and absence of notice of the condition on the part of the City, 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 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,
Oro
Ginger Kimpton
Casualty Claims Adjuster II
855-828-5515/ 866-828-6613 fax 2,0jul4
gkimpton(a"?statewidesvcs.com '
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CC: Tim Nickels, Agent