HomeMy WebLinkAbout07. 14-495
NOVEMBER 11, 2014 14-495 RESOLUTION
(CARRIED___7-0____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY MELISSA HELF
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:
Melissa Helf DATE OF LOSS: 8/23/2014
(for an alleged injury from a lawn chair at Pollock Pool)
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 Division l241 John Q. Nammons Dr.
t'.C7. Bax 5555
October 23, 2014 Madison,Wt 537d5-Q555
s�7-zoa-9�1z
CITY OF OSHKOSH
ATi"N: PAM UBRIG
PO BOX 1130
OSHKOSH, WI 54903 RECEjvED
RE: Our C1aim #: WM000702660733 �
Date af Loss: 08/23/2014 Cr 2 3 Zo�4
Claimant: Melissa Helf, 901 Melissa Street CITYCLE
Menasha, WI 54952 �SOFFICE
Dear Ms. Ubrig:
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 Form submitted by Ms. Helf in which she is asserting she sustained injury to
her finger allegediy caused by a lounge chair at Pollock Community Water Park on 8/23/14.
Our investiga#ion has determined that the City of Oshkosh was not negligent or liable for this
incident. According to our investigation, there is no evidence of any defects with the loungers.
The loungers are in good condition. There has been no previous notice or complaints with any
of the loungers. Ms. Helf isn't even sure exactly how the incident occurred. Therefore, in the
absence of negligence 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(1g). The
disallowance of the claim in this manner will allow us to shorten the statute of limitations period
to six months.
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.
Sincerely,
Ginger Kimpton
Casualty Claims Adjuster II
855-828-5515/866-828-6613 fax
g ki m�to n(r�statewidesvcs.com
CC: Tim Nickels, Agent