HomeMy WebLinkAbout16. 15-292
JUNE 9, 2015 15-292 RESOLUTION
(CARRIED___ 7-0_____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY SUE JONES
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:
Sue Jones DATE OF LOSS: 4/27/2015
(for alleged damages to her faucet from a water meter exchange)
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 aai�onn Q.r+ammo�s o..
RECEIVED °o.e�xssss
MaOison,WI 53J05-O555
B))-309-9J13
MAY 2 6 2015 �
_. . ___ �
VIA E-MAIL ONLY C�rv CLErzR'S uHF7Ce
May 26,2015
CiTy of Oshkosh
Attn: Ms. Pamela Ubrig Clerk
P.O. Box 1130
Oshkosh, WI 54903
RE: Our Claim#: WM000702660773
Date of Loss: 04/27/2015
Claimant: Sue Joncs
P.O. Box 166
Oshkosh, WI54903
Loss loca[ion: 1339 Winnebago Ave.
Oshkosh, WI54903
Dear Ms. Ubrig:
As you know, S[a[ewide Services, Inc. administers[he claims for[he League of Wisconsin Municipali[ies Mu[ual Insurance,
which provides[he i�surance coverage for[he City oCOshkosh. We are in receipt of the above-s[a[ed claim in which[he
claiman[is asserting damage associated with Ihe replacement of a sink fauce[allegedly damaged after a water meter
exchangc.
Our investigation has revealed that the City was not negligen[for this incident. Therefore,we recommend that the City
disallow this claim pursuant to the Wisconsin Statute for disallowance of claim 893.80(tg). The disallowance of the claim in
[his manner will shorten[he sta[u[e of limitations period to six mon[hs.
This loss is on accoun[of a build-up of wa[er pressure into Ms. Jones' water sys[em after an exchange of water meters
occurred—[his is often called a"water hammer". CiTy s[aff is not liable for[his damage, as staff did not fail to adhere to any
minis[erial duties when exchanging the water meter. Absen[any minis[erial du[ies,City s[aff is afforded discretionary
immunity per WI S[a[ure 893.80 for[heir govemmental ac[ions in replacing the wa[er me[er wM1ereby the"wa[er hammer"
became an unintended consequence of said ac[ion.
1 have enclosed a sample Notice of Disallowance fur your use, should you choose to use i[, or you may use your own. Please
send your disallowance, on your letterhead, directly ro Ihe claimant at[he above listed address. This should be sen[certified
or registered(restric[ed)mail and must be reeeived by the elaimant within 120 days after you reeeived[he claim. Please send
me copies of the letters for our file.
Thank you, Pamela, for your atten[ion[o[he above,and please do no[hesitate[o contact me with any questions.
Best regards,
Dou.g,'Dei.li.e�
Douglass A. Detlie
Casualty Claims Specialist
Statewide Services,Inc
PO Box 5555
Madison,WI 53705-0555
Office: 608-828-5503
Fax: 800-7203512 �
&mail: ddatlie _sta[ewidesvcs.com
Cc: David Krueeer. A¢en[
Joeckel, Angela J.
From: Douglass Detlie [DDe[lie@rurelins.com]
Sent: Thursday, June 04, 2015 12:30 PM
To: Joeckel, Angela J.
Subject: FW: Disallowance of Devon Jones claim#WM000702660773
Douglass A. Detlie
Casualty Claims Specialist I
Phone: (6D8� 828-5503
Fax: (800� 720-3512
d detl ie(dstatewitlesvcs.com
From: Douglass Detlie
Sent:Thursday,June 04,2015 11:18 AM
To: 'ajoeckl@ci.oshkosh.wi.us'
Subject: Disallowance of Devon lones claim q WM000702660773
Hi,Angela—
As discussed,this matter was reported to you under the name of Devon Jones, but my communication on matter has
been with his wife,Sue,thus I sent our letter recommending a claim disallowance to Sue's attention. As the City
prepares a formal claim disallowance, and to keep yourfile consistent, I suggest you address your letter to Devon's
atrention.
Have a good day, and please do not hesitate to call me with any questions..............................D.
Douglass A. Detlie
Casualty Claims Specialist I
Phone: (608)828-5503
Fax: (800�720-3512
ddetl ie(dstatewidesvcs.com
This message is intended only for the person to whom it is addressed and may contain information that is
privileged, confidential and exempt from disclosure. Use, dis[ribution or copying by anyone else is prohibited.
If you receive[his in error, please no[ify us promptly and then destroy[his communication.
i