HomeMy WebLinkAbout35. 15-152
MARCH 24, 2015 15-152 RESOLUTION
(CARRIED___7-0_____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY DOUGLAS PAUSCH
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:
Douglas Pausch DATE OF LOSS: 1/26/2015
(for alleged injuries from falling on the sidewalk)
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 S�ervices, Inc.
Claim Division 1241)ohn Q.Hammons Dr.
P.O.eox 5555
Madison,WI 53705-0555
877-204-4712
March 6,2015
CITY OF OSHKOSH Via E-mail '� t�,�, f`����� 1-�:� ,N �
ATTN: PAM UBRIG �
Po Box i i3o ��� °���R 6� 6 Z015 `�,
OSHKOSH,WI 54903 i
!_�i��3'1 i'!.�':�i�W��`,�)�C€(`'�'�� -
RE: Our Claim#: WM000702660758 "Y ���
Date of Loss: O1/26/2015
Claimant: Douglas Pausch, 828 W. 10"'Ave
Oshkosh,WI 54902
Dear Ms. Ubrig:
Statewide Services,Inc. administers the claims for the League of Wisconsin Municipalities Mutua]
Insurance, which provides the insurance coverage for the City of Oshkosh.We are in receipt of the
"Claim Form"dated February 13, 2015,through which Mr.Pausch asserts he sustained bodily injury as a
result of an alleged slip and fall on a patch of snow covered ice on a sidewalk at or near the Water
Distribution Center on January 26,2015.
Please be advised that we recommend that the City of Oshkosh deny this claim pursuant to the Wisconsin
Statute for Disallowance of Claim 893.80(lg). The disallowance of this claim will shorten the statute of
limitations period to six months.The basis of this denial is that the City of Oshkosh is not legally liable
for the claimant's injuries/damages. Our investigation has revealed that there is no negligence on behalf
of the City as the City is entitled to governmental immunity for the natural accumulation of ice and snow
that exists for up to three weeks. Additionally,there is the"Winter in Wisconsin"defense in which it is
our opinion the greater amount of causal negligence would be attributed to Mr. Pausch.This occurred
during a snow event in which Mr. Pausch admitted to knowing the weather conditions at the time. As you
know,the City of Oshkosh does not have Premise Medpay coverage,and therefore Statewide Services
Inc.is unable to pay for Mr.Pausch's medical expenses.
Please send your disallowance, on your letterhead,directly to the claimant.This should be sent certified
or registered 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.
Sincerely,
Ginger Kimpton
Casualty Claims Adjuster
855-828-5515/866-828-6613 fax
�pton @ statewidesvcs.com
CC: David Krueger,Agent