HomeMy WebLinkAbout19. 14-370
AUGUST 13, 2014 14-370 RESOLUTION
(CARRIED___6-0____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY HARRY VAN DAMME
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:
Harry Van Damme DATE OF LOSS: 5/19/2013
(for alleged injuries from falling off the bleachers at Red Arrow 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 Servi �es Inc.
Claim Division 1241 .john Q Hamm— Dr
July 22, 2014
CITY OF OSHKOSH
ATTN. PAM USRIG
215 CHURCH AVENUE
OSHKOSH, WI 54904
RE: Our Claim ##: WM000702660649
Date of Loss: 05/19/2013
Claimant: Harry Van Damme
1740 Taft Avenue, C15, Oshkosh WI 54902
Dear Ms. Ubrig:
P.0, Box 5555
Madison, W1 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 Mr. Van Damme's "Claim for Damages" documentation, in which he is asserting a
claim for damages and injuries he sustained when he allegedly fell on the bleachers at Red
Arrow Park on or about May 19, 2013.
We have performed an investigation regarding this incident. Our investigation has revealed that
the City of Oshkosh was not negligent or liable for this incident. In addition, there was no prior
notice of the condition that allegedly caused this incident. In order for a municipality to be liable,
they must have prior notice of the condition and have sufficient time to repair the defect.
Therefore, in the absence of liability and notice, 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.
Sinc rely,
16U
Ginger p #on
Casualty Claims Adjuster 11
855 - 828 -5515 direct
866828 -6613 fax
cLpt_on ,statewidesvcs.com
CC: Tim Nickels,. Agent