HomeMy WebLinkAbout16. 15-107
MARCH 10, 2015 15-107 RESOLUTION
(CARRIED___7-0_____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY TRAVIS WOHLT
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:
Travis Wohlt DATE OF LOSS: 11/25/2014
(for alleged damages from a sewer back-up)
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 aohn Q. Nammons D�.
P.O. Box 5555
Madison,WI 53705-0555
$77-204-9712
VIA E-MAIL ONLY
February 18, 2015
City of Oshkosh ___ _ _._ -----�--�
Attn: Ms. Pamela Ubrig �� �{ ��'� s i
P.O. Box 1130 '-. '
;
Oshkosh, WI 54903 ! FEB 1 9 201`J ', �
( (l `► E.[.�',.� !�`:;�ss � aC'9:.�
RE: Our Claim#: WM000702660745
Date of Loss: 11/25/2014
Claimant: Travis Wohlt
Loss location: 1132 West 5`�'Ave.,
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 sewer
water damage to the claimant's property.
Our investigation has revealed that the City of Oshkosh was not negligent for this incident. Therefore,we recommend that
The City disallow this claim pursuant to the Wisconsin Statute for disallowance of claim 893.80(lg). The disallowance of the
claim in this manner will shorten the statute of limitations period to six months.
This claim involves sewer backups into Mr. Wohlt's property starting around O1/25/13. The City was notified in November
2014 that a problem with the claimant's lateral appeared to be the issue, and The City had a history of damaging and
repairing the lateral—one location near the sidewalk ten and a half years ago on 10/19/04, and the other near the main line a
year ago on 02/06/14. Given said history, The City decided to dig down to the repairs at said locations to see if either repair
was the problem, and both repairs were good. However, it was discovered that the lateral had settled at said locations to cause
a"belly"which was a factor in the claimant sewer backups. Also, root growth into the lateral was discovered at the section
near the sidewalk. The City would not be liable for either the lateral settling or the root growth, hence, our recommendation
to disallow the claim.
Note: Since The City had two holes dug at the points noted above to determine if their prior repair work was the cause for the
claimant sewer backups,they decided to replace the lateral section from the sidewalk to the main. Such work would typically
be the responsibility of the home or business owner, and The City's decision to replace the lateral is not to be construed as an
admission of liability or an acceptance of the claim damages.
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 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 letter for our file.
Thank you for your attention to the above,Pamela, and please do not hesitate to contact me with any questions.
Best regards,
�� ��
Douglass A. Detlie
Casualty Claims Specialist
Statewide Services, Inc
PO Box 5555
Madison, WI 53705-0555
Office: 608-828-5503
Fax: 800-720-3512
E-mail: ddetlie�a,statewidesvcs.com
Cc: David Krue�er, a=€,ent