HomeMy WebLinkAbout13. 16-107R E V I S E D
MARCH 8, 2016 16-107 RESOLUTION
(CARRIED___7-0_____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY KAYLEIGH STEGER
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:
Kayleigh Steger DATE OF LOSS: 1/15/2016
(for alleged damages to her vehicle from driving over a snow pile)
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.
Indicates Revision
Statewide Services, �'rrc.
Claim Division
February 19, 2016
CITY OF OSHKOSH
ATTN: PAM UBRIG
PO BOX 1130
OSHKOSH, WI 54903
RE: Our Claim #:
Date of Loss:
Claimant:
Dear Ms. Ubrig:
via email
. ►I I I 1yL17►�T•11%�C�
OU15/2016
Kayleigh Steger, 1013 Arthur Avenue
Oshkosh, WI 54902
1241 John Q. Hammons C
P.O. Box 5555
Madison, WI 53705-0555
877-204-9712
` � �'EIV �
+ ��d � 9
Zd16
C'ITyCLERK�s �F�ICE
We are in receipt of the "Claim" documentation submitted by Ms. Steger in which she is asserting she
sustained damage to her 2006 Toyota Scion when she drove over/through a 3' snow pile at the
intersection of Main Street and 9`�' Avenue on January 15, 2016.
Our investigation has revealed that the City of Oshkosh was not negligent or liable for this incident as
there is no proof or evidence that this incident occurred the way Ms. Steger alleges. There were no
witnesses to the incident. Based on our investigation, we've determined that Ms. Steger would bear the
majority of negligence for either attempting to drive through a"three foot snow pile" in the road, or for
failure to lookout if she is claiming she did not see the snow pile in the road. Therefore, in the absence of
negligence on the part of the City, and with the majority of negligence on the part of Ms. Steger, 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
Senior Casualty Claims Adjuster
855-828-5515 / 866-828-6613 fax
�impton @ statewidesvcs.com
CC: David Krueger, Agent