HomeMy WebLinkAbout17. 16-57FEBRUARY 9, 2016 16-57 RESOLUTION
(CARRIED__7-0______LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY TREASURE MILLER
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:
Treasure Miller DATE OF LOSS:
6/2/2014
(for alleged damages to her house from road work vibrations)
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 Or.
P.O. Box 5555
Madison,WI 53705-0555
877-204-9712
January 27, 2016
CITY OF OSHKOSH via email
ATTN: PAM UBRIG
PO BOX 1130
OSHKOSH,WI 54903
RE: Our Claim#: WM000702660807
Date of Loss: 06/02/2014
Claimant: Treasure Miller, 1223 Bowen Street
Oshkosh,WI 54901
Dear Ms.Ubrig:
We are in receipt of the"Claim"documentation submitted by Ms.Miller in which she is asserting a claim
for damages she alleges she sustained to her bathroom tile walls as a result of vibrations during a nearby
road construction project taking place on Bowen Street in the spring/summer of 2014.
Our investigation has revealed no negligence or liability on behalf of the City of Oshkosh for causing the
damage to Ms.Miller's home. The City of Oshkosh was not involved in the actual construction work and
simply funded and oversaw the project. PTS Contractors was the general contractor assigned to the
construction project on Bowen Street, and the construction contract between the City of Oshkosh and PTS
Contractors specifically states that PTS Contractors holds harmless the City from any and all claims
arising out of this construction project and their(PTS)negligence. PTS Contractors are insured with Bitco
Insurance Companies, and it appears they've already been notified of this incident and have a claim file.
Therefore, in the absence of negligence on the part of the City of Oshkosh, and per the hold harmless
language in the construction contract, 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,AIC
Casualty Claims Adjuster II
855-828-5515 /866-828-6613 fax
f-ykiLnpton@statewidesvcs.com
CC: David Krueger, Agent