HomeMy WebLinkAbout08. 15-474NOVEMBER 10, 2015 15-474 RESOLUTION
(CARRIED__7-0_____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY WENDY GUILD
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:
Wendy Guild DATE OF LOSS: 5/28/2015
(for alleged damages to vehicle from a road patch)
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, 3'nc.
Claim Division
VIA E-MAIL ONLY
November 3, 2015
City of Oshkosh
Attn: Ms. Pamela Ubrig, Clerk
P.O. Box 1130
Oshkosh, WI 54903
RE:
Our Claim #: WM000702660790
Date of Loss: OS/28/2015
Claimant: Wendy Guild
919 E, Tennessee Ave.
Oshkosh, WI 54901
Loss location: Prospect Avenue (between Wisconsin & Jackson St)
Oshkosh, WI 54903
Dear Ms. Ubrig:
1Z41 �ohn Q. Hammons Dr.
P.O. Box 5555
Madison, Wl 53705-0555
877-204-9712
� RECE
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Cj�., rY �=LERK � pFp
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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 the
claimant is asserting damage to the radiator of her vehicle when driving over a road patch on Prospect Avenue.
Our investigation has revealed that the City was not negiigent 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 allegedly occurred when the claimant drove over a raised road patch which damaged her radiator. Water
Distribution Manager, Bill Genz, advised: 1) the road patch occurred out of his department; 2) his department had no prior
notice of a problem with the road patch; and 3) his investigation of the area proved the road patch in question was not
problematic and requires no repair action. A photo of the road patch in question make it clear that damage to a vehicle for
driving over it could not occur; hence, the cause of the claimant's radiator damage must lie elsewhere.
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: ddetlie cr.statewidesvcs.com
Cc: David Krue�er, A�ent