HomeMy WebLinkAbout19. 15-452OCTOBER 13, 2015 15-452 RESOLUTION
(CARRIED___ 6-0____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY TAYLOR MENTZEL
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:
Taylor Mentzel DATE OF LOSS: 6/19/2015
(for alleged damages from driving over a bungee cord)
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.
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October 5, 2015
CITY OF OSHKOSH
ATTN: PAM UBRIG
PO BOX 1130
OSHKOSH, WI 54903
RE: Our Claim #:
Date of Loss:
Claimant:
Dear Ms. Ubrig:
WM000702660795
06/19/2015
Taylor Mentzel, 518 Marion Rd Unit C201
Oshkosh, WI 54904
1241 John Q. Hammons Dr.
P.O. Box 5555
Madison, NiI 537Q5-O555
877-204-9712
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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" documentation submitted by Ms. Mentzel in which she is asserting her vehicle was damaged
when she drove over a bungee cord on Oshkosh Ave. on June 19, 2015.
Our investigation has revealed that the City of Oshkosh was not negligent or liable for this incident as the
City did not have priar notice of the condition which allegedly caused this incident. Additionally, the
bungee cord was not the property of the City of Oshkosh, nor was it placed in or left in the roadway by
the City. Therefore, in the absence of negligence and absence of notice of the condition on the part of the
City, we recommend that the City of Oshkosh disallow this claim pursuant to the Wisconsin Statute for
disallowance of claim 893.80(lg). The disallowance of the claim in this manner will allow us to shorten
the statute of limitations period to six months.
Please send the 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 a copy of the Notice of Disallowance for our file.
Thank you.
Sincerely,
Ginger Kimpton
Casualty Claims Adjuster II
855-828-5515 / 866-828-6613 fax
gkitnpton@statewidesvcs.com
CC: David Krueger, Agent