HomeMy WebLinkAbout13. 15-415SEPTEMBER 8, 2015 15-415 RESOLUTION
(CARRIED___7-0 _____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY GREG ROBERTS
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:
Greg Roberts DATE OF LOSS: 3/24/2015
(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#: WM000702660779
Date of Loss: 03/24/2015
Claimant: Greg Roberts
255 S. Westfield St.
Oshkosh, WI 54902
Loss location: 255 S. Westfield St.
Oshkosh,WI 54902
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 his home.
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 clog in the sewer main line;however, City operations did not cause the clog. Once
more, City staff had no prior notice that the clog existed,thus,they were unable to take a preventive measure. Finally, once
City staff was made aware of the problem,they responded immediately to diagnose the problem and jet the line clear,thus,
City staff is not liable for any inappropriate or delayed response. Therefore,we recommend that this claim be disallowed.
Note: The City would not be liable for this loss unless they knew, or should have known, about the problem and had time to
take corrective measures
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