HomeMy WebLinkAbout09. 14-413
SEPTEMBER 9, 2014 14-413 RESOLUTION
(CARRIED__7-0_____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY DAVID STUBBE
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 Stubbe DATE OF LOSS: 8/5/2014
(for alleged damages from construction near his home)
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.
5tatewide Services, Inc.
Claim Division 1241 lohn Q. Hammans dr.
P.O. Box 5555
Madison,WI 53705-0555
877-204-9712
AUguSt 21, 2O1�1
Mr.David Stubbe j�L,
659 Centrai �`"Cl,+'
Oshkosh,WI SQ901 q��2 J`�l�
Regarding: Our Lisured: City of Oshkosh cITY�LE�2���
Claim No: WM000702660729 �S O
Date/Loss: 08105/2014 FFICF
llear Mr. Stubbe:
Statewide Services,Inc. administers the clain�s for the League of Wisconsin Municipalities
Mutual Insurance,which provides tlie insurance coverage for the City of Oshkosh.We are in
receipt of the above-stated claitn in which you are asserting damage to computer monitor as a
result of construction work near your home.
Please be advised that we have completed our investigation,and we have recommended that the
City of Oshkosh disallow your claim.The work was being performed by the firm De Groot,Inc.
and The City has a specific"hold harmless and indemnification"clause in their contract with Da
Groot,whereby Da Groot is required by contract to address damages that they cause while
doing the construction work for The City. Given that Da Groot is the responsible party for any
damages based on a) their work operations andlor b) the"hold harmless agreement"they have
with The City,we will be unable ko assist you as your claim resides with Da Groot,Inc.
Contact infonnatian ta Da Groot should yau choose to file a claim against them:
De Groot, Inc.
4201 Championship Rd.
Green Bay, WI 54311
{920) 866-2348.
I am sQ th e cannot of assistance to you,and please contact me with any questions.
�"
Sin rely, l��hj/f
�1 �U,
Dauglass A.Detlie
Casualty Claims Specialist
Statewide Services,Inc
PO Box 5555
Madison,WI 53705-0555
�ff ce: 6Q8-828-5503
Fax: 800-720-3512
CC: City of Oshkosh