HomeMy WebLinkAbout18. 14-519
NOVEMBER 25, 2014 14-519 RESOLUTION
(CARRIED___7-0____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY ARDY & ED’S DRIVE IN
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:
Ardy & Ed’s Drive In DATE OF LOSS: 8/12/2014
(for alleged for alleged loss of income due to 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 Ine.
Claim Divisian
1241 )ohn Q. Hammans Dr.
PO. 6ox 5SS5
Madison, WI 53J05-0555
November 17, 2014 $77-zo4-s71z
City of Oshkosh
Attn: Ms. Pamela Ubrig, Cierk
215 Church St. ��C��
P.O. Box 1130 �---_--�__
Oshkosh, WI 54903 � ���%� 1 7 �
2014 �
CITl'�L�:kB{g -
� UF�1�'ICF
RE: Our Claim#: WM000702660734
Date of Loss: Og/�2/2pT4
Claimant: Ardy& Ed"s Drive In—Steven Davis, owner
2413 S. Main St.
Oshkosh, WI 54902
Loss location:2413 S. Main St.
Oshkosh, WI 54902
Dear Ms. Ubrig:
As you know, Statewide Services, lnc. administers the ciaims for the League of Wisconsin
Municipalities Mutua! tnsurance, which provides the insurance coverage for the City of Oshkosh.
We are in receipt of the above-stated claim, in which the claimant is asserting damages
resulting from the stoppage of water to his business as City sfaff repaired a broken water main.
Our investigation has revealed that The City was not negligent for this incident.Therefore, we
recommend that The City disaltow this claim pursuant to the Wisconsin Statute for disallowance
of claim 893.80(1g). The disallawance of the Gaim in this manner will shorten the statute of
limitations period to six months.
Our decision is based on the fact that The City did not cause the break to the water main and
they had no prior notice of problem so as to take preventive measures.The City would not be
�
negligent for this loss unless they knew, or shouid have known, about a probiem to the pipe.
Aiso, The City responded immediately to the water main break once they were made aware of
it, thus, the�esponse time does not presenf a liability. Finally, there is no evidence that The City
failed to perform any required minisferial duties when repairing the broken water main, thus, The
City would be afforded immunity from damages associated with the repair under Wis. Statute
893.80.
I have enclosed a sample Notice of Disaflowance for your use, shouid you choose to use it, or
you may use your own. Please send your disalEowance, on your letterhead, directly to the
claimant at the above listed address. This should be sent cerkified or registered (restricted)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, Pam,for your attention to the above, and please do not hesitate to contact me with
any questions.
Best r ards
� ��
Douglass A. Detlie
Casuaity Claims Specialist ��
/��_�C�.� �
Statewide Services, Inc .._� E�
MadB on5Wl 53705-0555 ��a�Z ,2� ��
1¢
Office: 608-828-5503 �I?�'C_� �
Fax: 800-720-3512 ��:f��"�;�;�e j;_ __�l
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Email: ddetlie@statewidesvcs.com �'�,�
CC: David Krueger, agent.
Enctosure