HomeMy WebLinkAbout33. 14-351
JULY 22, 2014 14-351 RESOLUTION
(CARRIED___7-0____LOST_______LAID OVER_______WITHDRAWN_______)
PURPOSE: DISALLOWANCE OF CLAIM BY JESSE ANDERSEN
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:
Jesse Andersen DATE OF LOSS: 2/17/2014
(for alleged damages from a sewer backup)
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.
`j ' wi e Services Inc.
Claim Division 1241 )ohn Q Hammons Qr.
July 15, 2014,
The City of Oshkosh
Attn: Ms. Pamela Ubrig
P.O. Box 1130
Oshkosh, Wi 54902
RE: Our Claim #: WM000702660709
Date of Loss: 02117/2014
Claimant: Jesse Andersen
Loss location: 2725 Newport Ave.
Oshkosh, WI 54904
Dear Ms. Ubrig:
P.Q. 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 above - stated claim where the claimant sustained damage .on account of backed -
up sewer water into his basement.
Our investigation has revealed that The City was not negligent for this incident. This loss
occurred when a water main broke on account of the brutal cold, and water flowing under the
frost line entered into the sewer system, and the force of the water caused dirt and debris from
and around the manhole covers to clog the sewer line. The city had no notice of the water main
break, and they cannot be liable for weather event they cannot control. Therefore, we
recommend that The Village disallow this claim pursuant to the Wisconsin Statute for
disallowance of claim 893.80(l g). The disallowance of the claim in this manner will shorten the
statute of limitations period to six months.
I have enclosed a sample Notice of Disallowance for your use, should you choose to use it, or
you may use your own. 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 copies of the letters for our file.
Thank you for your attention to the above, and please do not hesitate to contact me with any
questions.
C
"Z7��X
Douglass A. Detlie
Casualty Claims Specialist
Statewide Services, Inc
PO Sox 5555
Madison, WI 53705 -0555
Office: 608- 828 -5503
Fax: 800- 720 -3512
Email: ddetlie @statewidesvcs.com
CC: Tim Nickels, agent.
Enclosure