HomeMy WebLinkAbout18. 14-369
AUGUST 13, 2014 14-369 RESOLUTION
(CARRIED__6-0_____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY VICKIE SCHWERIN
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:
Vickie Schwerin DATE OF LOSS: 5/15/2014
(for alleged injuries from falling on the sidewalk)
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 e
Claim Division 1241 John Q. Hammon Dr.
July 31, 2014
CITY OF OSHKOSH
ATTN- PAM UBRIG
PO BOX 1130
OSHKOSH, Wl 54903
RE: Our Claim #: WM000702660722
Date of Loss: 05/15/201.4
Claimant: Vickie L Schwerin, 835 Greenfield Trail
Oshkosh, WI 54904
Dear Ms. Ubrig:
RO, Box 5555
Madison, wt 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 Mrs. Schwerin; in which she is asserting she
sustained bodily injury(s) as a result of an alleged trip and fall on a hole located at the northwest
corner of 91" and Westhaven on or about May 15, 2014.
Our investigation has. revealed that the City of Oshkosh was not negligent or liable for this
incident as the City did not have prior notice of the condition which allegedly caused this
incident. A municipality has no liability unless it knew, or should have known, of the existence of
the condition and had reasonable amount of time to repair the condition. In addition, our
investigation revealed that Time Warner Cable was responsible for the repairs of the hole; and
eventual replacement of the concrete slab, which they failed to do so. 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(19). The disallowance of the claim in this manner will allow us to shorten the
statute of limitations period to six months, We will also be sending a letter to Time Warner Cable
and their insurer putting them on notice and requesting they accept tender of this claim.
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.
a s Adjuster 11
855 -828 -5515 / 866- 828 -6613 fax
gkimpton n@statewidesycs.corn
CC: Tim Nickels, Agent
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