HomeMy WebLinkAbout17. 14-480
OCTOBER 28, 2014 14-480 RESOLUTION
(CARRIED__7-0_____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY JENNIFER DUNHAM
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:
Jennifer Dunham DATE OF LOSS: 2/28/2014
(for alleged damages from a water main break)
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 Services, Inc.
Claim Divisian 1241 John Q. Hammons Dr
P.O. Box 5555
Madison, WI 53705-0555
877-�04-9712
October 17, 2014
City of Oshkosh
Attn: Ms. Pam Ubrig, Clerk °;ry------.._
P.O. Box 1130 ,' �" �`,��(�
Oshkosh, WI 54903 ; , �CT '�
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RE: Our Claim#: WM000702660719 ""`4---
Date of Loss: 02/28/14
Claimant: Jennifer Dunham
1510 Evans St.
Oshkosh,WI 54902
Loss location: 1510 Evans St.
Oshkosh, WI 54902
Dear Ms. Ubrig:
As you know, 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 involving damages the claimant sustained when
sewage water backed up into her home.
We have compfeted our investigation and found that The City has no liability for this loss. The
unfortunate incident occurred as a result of a break to the water main which overwhelmed the
water sewer system, thus causing water to spilt into the sanitary sewer line leading to the
backup of water into the claimant home. Once notified of the break in the water main, City staff
took immediate and timely measures to locate the break and cease the flow of water at that
location in the main, but unfortunately such action could not prevent the backup into Ms.
Dunham's home. The City wauld only be liable for this loss had they known about a problem to
the water main and took no action to correct it prior to its breaking, but in this instance the City
had no notice of a problem to the main. Again, City staff took immediate measures to repair the
break once they were notified of same, thus it cannot be argued that there was a delay in action
which itself could be construed is a liability.
Given the above, we recommend that The City disallow this claim pursuant to the Wisconsin
Statute for disallowance of claim 893.80(1g). 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 fo the
claimant at the above listed address. This shauld be sent certified or registered 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.
Bes s,
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Douglass A. Detlie
Casualty Claims Specialist
Statewide Services, Inc
PO Box 5555
Mad ison,W I 53705-0555
Office: 608-828-5503
Fax: 800-720-3512
Email: ddetlieCci)_statewidesvcs.com
CC: Tim Nickels, agent.
Enclosure