HomeMy WebLinkAbout14. 15-416SEPTEMBER 8, 2015 15-416 RESOLUTION
(CARRIED___7-0 _____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY KARIN GEHRKE
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:
Karin Gehrke DATE OF LOSS: 4/10/2015
(for alleged damages from a sewer backup)
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 1241 John Q. Hammons Dr.
P.O. Box 5555
Madison,WI 53705-0555
877-204-9712
VIA E-MAIL ONLY
August 20, 2015
City of Oshkosh
Attn: Ms. Pamela Ubrig, Clerk
P.O. Box 1130
Oshkosh, WI 54903
RE: Our Claim#: WM000702660784
Date of Loss: 04/10/2015
Claimant: Karin Gehrke
562 Monroe St.
Oshkosh, WI 54901
Loss location: 562 Monroe St.
Oshkosh,WI 54901
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 on account of a sewer backup into her home,to include costs incurred for the diagnosis and
repair of a broken sewer lateral.
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 diagnosed break to a riser pipe connecting the claimant sewer lateral to the main, and this section
of pipe is considered part of the lateral;thus, it remains Ms. Gehrke's personal responsibility as she is responsible for
maintenance of her sewer lateral. Please be advised that City Engineering Supervisor,Pete Gulbronson,believes the riser
may have been damaged by the contractor doing construction work in 2001—fourteen years ago—and I have asked Pete to
research his records so that we can identify the information to Ms. Gehrke should she want to present a claim against them.
The contractor in question would not be an agent of the City, and they would be liable for claims associated with their work
product. Finally,per WI Statute 893.80 the City is afforded discretionary immunity for their decision to hire contractor in
question.
Given the sewer lateral is Ms. Gehrke's personal responsibility; and given damage to the lateral is not a City liability and
given the immunity in place for the City's decision to hire the contractor in question,we recommend that the claim be
disallowed.
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 copies of the letters 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. Dethe
Casualty Claims Specialist
Statewide Services, Inc.
PO Box 5555
Madison,WI 53705-0555
Office: 608-828-5503
Fax: 800-720-3512
E-mail: ddetlie e statewidesvcs.com
Cc: David Krueger,Agent