HomeMy WebLinkAbout08. 14-496
NOVEMBER 11, 2014 14-496 RESOLUTION
(CARRIED___7-0____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY PATRICIA HAWKINS
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:
Patricia Hawkins DATE OF LOSS: 4/12/2014
(for alleged damages due to forced entry by officers during well person check)
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 1241 John Q. Narnma�s Dr.
P.O. Box 5555
October 23, 2014 Madison,WI 53765-0555
877-244-9712
C1TY OF OSHKOSH
ATTN: PAM UBR1G
PO BOX 1130
OSHKOSH,W154903
RE: Our Claim#: WM000702660735 �CEjvED
Date of Loss: 04/12/2014 OCT
Claimant: Pafricia Hawkins, 680 Oak Street,Apt 316 2 3 201�
Oshkosh,WI 54901 cITYCLE ;_
Dear Ms. Ubrig:
RK S�FFICE
Statewide Senrices, Inc. administers the claims fo�the League of Wisconsin Municipalities
Mutual lnsurance,which provides the insurance coverage for the City of Oshkosh.We are in
receipt of fhe Claim Form submitted by Ms. Hawkins regarding the damage to her door when a
police officer had to knock it down to gain access to her apartment to check on her well-being
after her daughter called 911 on April 12, 2014.
Our investigation has defermined fhat the City of Oshkosh was not negligent or liable for this
incident as the Officer followed proper protocol for the possible emergent situation. The Officer
inquired abaut a lockbox with a key prior to knocking down the door, to which he was told there
wasn't one. Because of the urgency of the situation based on the information provided by Ms.
Hawkins'daughter at the time, the Officer determined this was a possibfe medical emergency
for which it was necessary to gef into the apartment to assess the situation, and the only access
at the time was by knocking dawn fhe front door. In addition, based on my review of this claim,
discretionary immunity should apply to this incident. Therefare, in the absence of negligence on
the part of the City and with the app(icable immunity,we recommend thaf 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 ta the claimant at the above listed
address.This shauld be sent certified or registered (restricted)mail and musf 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 Kimpfon
Casualty Claims Adjuster II
855-828-5515/866-828-6613 fax
gkimptonCaCa7statewidesvcs.com
CC: Tim Nickels, Agent