HomeMy WebLinkAbout18. 15-451OCTOBER 13, 2015 15-451 RESOLUTION
(CARRIED___ 6-0___LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY STATE FARM INSURANCE ON
BEHALF OF AMY MOON
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:
State Farm Insurance on behalf of Amy Moon DATE OF LOSS: 3/19/2015
(for alleged damages from a water main break)
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.
Sfatewid'e Setvi+ce�, Inc�
Giaim Division
VIA E-MAIL ONLY
October 2, 2015
City of Oshkosh
Attn: Ms. Pamela Ubrig, Clerk
P.O. Box 1130
Oshkosh, WI 54903
RE
Our Claim #: WM000702660782
Date of Loss: 03/19/2015
Claimant: StateFarm Insurance (on behalf of Amy Moon)
Attn: Subrogation Department
P.O. Box 106173
Atlanta, GA 30348-6173
Loss location: 1907 Olive St.
Oshkosh, WI 54901
Dear Ms. Ubrig:
12�1 John Q. Nammotzs Dr.
p.o. soX ssss
Madison, W1 53705-0555
$77-204-9712
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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-stated claim in which
StateFarm is asserting water damage at the home of their policyholder and Oshkosh resident, Amy Moon.
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(1 g). The disal(owance of the claim in
this manner will shorten the statute of limitations period to six months.
This loss allegedly occurred due to a water leak after a water meter exchange. City Water Supervisor, Bob Johnson advised
he was notified by Ms. Moon of a leak a short time after the meter exchange, and he responded to her house and found a
"slow leak" at a"packing valve" which he simply tightened for Ms. Moon and the leak ceased. Neither Bob nor Water
Distribution Manger, Bill Genz, was aware of any ongoing problem at the Moon house until StateFarm presented this claim
on 06/22/15 where damage inspection occurred nearly two weeks after the meter exchange. Bottom line: although details of
the exact loss dynamic are not clear, the claim as presented involves a leak from plumbing fixtures connecting an eYChanged
water meter, and such issues are an individual's responsibility.
Pinally, the is no evidence that City staff failed to adhere to required ministerial duties when replacing the water meter, thus,
they would be afforded discretionary immunity from any damage per WI Statute 893.90.
1 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,
�d�; ���
Douglass A. Detlie
Casualty Claims Specialist
Statewide Services, Inc.
PO Box 5555
Madison, WI 53705-0555
Office: 608-828-5503
Fax: 800-720-3512
E-mail: ddetlie a statewidesvcs.com
Cc: David Krue�er, AQent