HomeMy WebLinkAbout36. 15-153
MARCH 24, 2015 15-153 RESOLUTION
(CARRIED__7-0______LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY DENNIS & MELANIE BLOECHL
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:
Dennis & Melanie Bloechl DATE OF LOSS: 2/15/2015
(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 12�1 John Q. Hammons Dr.
P.O. 8ox 5555
Madison,WI 53705-0555
877-204-9712
VIA E-MAIL ONLY
March 9, 2015
' r�F_._C_E_I_V_F._I�__�
City of Oshkosh M/�R 1 Q Z015 �
Attn: Ms. Pamela Ubrig, Clerk j
P.O. Box 1130 �---___---- -----------�'
Oshkosh, WI54902 CiT��C���uK'�o��tc�',
RE: Our Claim#: WM000702660761
Date of Loss: 02/I S/2015
Claimant: Melanie Bloechl
2388 Abbey Ave.
Oshkosh, WI 54904
Loss location: 2388 Abbey Ave.
Oshkosh, WI 54904
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-captioned claim in which the
claimant is asserting damage due to a backup of sewer water into her basement.
Our investigation has revealed that The City 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 loss occurred due to a plug of an unknown substance in the sewer main. However,the City did not cause the plug with
their operations,and they had no prior notice of the plug so as to take measures to prevent any damage. Once City staff was
alerted to the problem,they immediately responded to diagnose and clear the plug in order to mitigate damage,thus no
liability for damage can be attributed to the City for any delayed response. Finally,the City maintains a maintenance
schedule of the sewer lines, and there is no evidence that City staff failed to adhere to any ministerial duties with the
maintenance of the lines. Given the above,we recommend that the City disallow this claim.
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 your letter for our file.
Thank you, Pamela, for your attention to the above, 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: 800-720-3 512
E-mail: ddetlie a,statewidesvcs.com
Cc: David Krue eg r,agent