HomeMy WebLinkAbout16. 14-479
OCTOBER 28, 2014 14-479 RESOLUTION
(CARRIED___7-0____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY LORI LEX
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:
Lori Lex DATE OF LOSS: 9/18/2014
(for alleged damages from a paint truck spraying her parked car)
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.
S'tatewide Services, Inc.
C�i31t'Yl �IVISIOtI 1241 7ahn Q. Hammons Dr.
P.O. Box 5555
October 16, 2014 M�dison,wi s3�o5-osss
877-244-4712
CITY OF OSHKOSH
ATTN: PAM UBRIG
PO BOX 1130
OSHKOSH, WI 54903-1130
RE: Our Claim#: WM000702660731
Date of Loss: 09/18/2014
Claimant: Lori Lex
N9692 White Pine Rd, Van Dyne WI 54979
Dear Ms. Ubrig:
Statewide Services, Inc. administers the claims for the League of Wisconsin Municipalities
Mutual Insurance, which provides the insurance coverage far the City of Ushkosh.We are in
receipt of the above-stated claim, in which the claimant sustained damage ta her vehicle on
09/18/14 when she alleges a City paint truck sprayed paint on her parked vehicle.
Our investigation has revealed that the City of Oshkash was not negligent or liable for this
incident. Therefore, we recommend that the City of Oshkosh deny 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. Ou�reason for
denial is that we were unable to find any evidence to suggest that the paint truck or any of its
partslequipment malfunctioned. The City workers deny causing the damage to the claimant
vehicle as the claimant claims on her claim form. Our investigation also determined that due to
the location of the paint splatter that was faund on the claimant's vehicle (lower left panels,
wheel well, underneath fender liner), it is unlikely the splatter was caused by the paint truck but
rather a result of the claimant driving through wet paint at some point throughout the day.
Please send your deniaUdisallowance, on your letterhead, directly to the claimant at the above
listed address. This denial 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.
Sincerely,
Ginger Kimpton
Casualty Claims Adjuster II
855-828-5515/866-828-6613 fax
kim ton statewidesvcs.com
CC: Tim Nickels, Agent R�����r���
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