HomeMy WebLinkAbout21. 15-454OCTOBER 13, 2015 15-454 RESOLUTION
(CARRIED___6-0____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY WILLIAM NEWLIN
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:
William Newlin DATE OF LOSS: 5/10/2015
(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.
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VIA E-MAIL ONLY
October l, 2015
City of Oshkosh
Attn: Ms. Pamela Ubrig, Clerk
P.O. Box 1130
Oshkosh, WI 54903
RE: Our Claim #: WN1000702660785
Date of Loss: 05110/2015
Claimant: William Newlin
1112 Jackson St.
Oshkosh, WI 54901
Loss location: 1112 Jackson St.
Oshkosh, WI 54901
Dear Ms. Ubrig:
1?�1 l�hn Q. Nammans Jr.
P,O. 6ox 5555
hiadfspr�, bYI 537fl5-0555
871-20�-�177 2
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 far 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 the gowth of tree roots into Mr. Newlin's sewer lateral, and such caused a clog in the IateraL The
maintenance of a sewer lateral is the personal responsibility for a home owner, or business owner.
There may be an issue regarding the pitch of the sewer lateral which was put in place fifteen years ago during the September
2000 Jackson Street Project. City Engineer, Peter Gulbronson, advised that there is no evidence that any "dip" to the lateral
led to this loss. Once more, the Jackson Street Project--# 6432-07-71—was a State Department of Transportation project,
thus, any efforts to diagnose and/or repair any defect to the sewer lateral will be a State responsibility.
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,
�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: ddetli�statewidesvcs.com
Cc: David Krue�er, Agent