HomeMy WebLinkAbout29. 15-267
MAY 26, 2015 15-267 RESOLUTION
(CARRIED___ 6-0_____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY BRETT WILKENS
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:
Brett Wilkens DATE OF LOSS: 4/15/2015
(for alleged damages to his vehicle from a Park Ranger)
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 1291 John v. n.,mmnns or.
vo. Box 5555
Madison,WI 53705-0555
:10+902 L
May 18,2015
CITY OF OSHKOSH Via E-mail
ATTN: PAM UBRIG - Ffl
PO BOX 110 OSHKOSH,WI 54903 '. M�� 1 8 20/5
-
RE: Our Claim it: WM000702660771 - -- ' ();11( ,r: �
Date of Loss: 04/15/2015
Claimant: Brett Wilkens
23020 Cedar Road,Kiel WI 53042
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
form dated April 23,2015,through which Mr.Wilkens is asserting a claim for damage to his vehicle he
allegedly sustained when a park ranger scratched the driver side fender while placing a ticket on the
windshield on April 15,2015.
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(Ig). The disallowance of this claim will shorten the statute of
limitations period to six months.The basis of this denial is that our investigation found no evidence or
proof to suggest that the insured caused the damage to Mr.Wilkens' vehicle.Mr.Wilkens did not witness
the alleged incident,and he did not report it to the City until several days later upon filing an appeal with
the City of Oshkosh regarding his citation. There were no other witnesses to the alleged incident.
Additionally,the park ranger,Dan Cartwright, will testify that he did not scratch the claimant's vehicle
and made no contact with Mr.Wilkens.
Please send your disallowance,on your letterhead,directly to the claimant at the above listed address.
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
gkimoton@ statewidesvcs.com
CC:David Krueger,Agent