HomeMy WebLinkAbout34. 15-151
MARCH 24, 2015 15-151 RESOLUTION
(CARRIED__7-0______LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY SUSAN BARLOW
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:
Susan Barlow DATE OF LOSS: 2/19/2015
(for alleged damages to her garbage cart from a hit & run)
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 Servic+es, .Inc.
Claim Divisian I241 John Q. Hammons Dr.
P.O.Box 5555
Madison,WI 53705-0555
877-204-9712
March 9,2015
CITY OF OSHKOSH
ATTN: PAM UBRIG �������
PO BOX 1130 r--- - - - __��_
OSHKOSH,WI 54903 � �AR O 9 +
2��� ,
RE: Our Claim#: WM000702660760 �-------- --- �
Cd'1'�'('f,E'Ft9,',�r�F'F'[C�;
Date of Loss: 02/19/2015 ___..�__
Claimant: Susan Barlow,414 W.Bent Avenue
Oshkosh,WI 54901
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"documentation submitted by Ms.Barlow in which she is asserting a claim for damages to her
garbage can when it was hit by an unknown vehicle on or about February 19, 2015.
Our investigation has revealed that the City of Oshkosh was not negligent or liable for this incident as the
City did not have any involvement in the damage to the garbage can.According to our conversation with
Kevin Uhen,residents are responsible for the costs associated with their gazbage canisters,including cost
of replacement.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(lg).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
gkimpton @ statewidesvcs.com
CC: David Krueger,Agent