HomeMy WebLinkAbout14. 16-108MARCH 8, 2016 16-108 RESOLUTION
(CARRIED___7-0_____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY MEGAN SPAUDE
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:
Megan Spaude DATE OF LOSS: 11/24/2015
(for alleged damages to her vehicle from driving over a pothole)
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.
Statewicle S�rvices, Inc,
C�a1111 �IVISIOII 12417ohn Q. Hammons Dr.
P.O. Box 5555
Madison, WI 53705-0555
877-Z04-9712
February 25, 2016
Ms. Megan Spaude
1353 Waugoo Ave.
Oshkosh, WI 54901
Our insured: City of Oshkosh
Claim No: WM000702660812
Date/Loss: 11124/2015
Dear Ms. Spaude:
Statewide Services, Inc. administers the claims for the League of Wisconsin Municipalities
Mutual Insurance, which provides the insurance coverage for the City of Oshkosh. It was my
pleasure speaking with you about this matter involving your tire and wheel damage on account of
striking a pothole.
As discussed, we have completed our investigation and we will recommend that the City of
Oshkosh disallow your claim. This unfortunate incident occurred on account of your driving over
a pothole near 709 Otter Avenue, but the City had no notice that the pothole existed; thus, City
staff was unable to take a measure to repair the pothole prior to your loss. The City would not be
liable unless they l�ew, or should have lalown, about the pothole, and had adequate to correct
the problem. Finally, the City would be afforded discretionary immunity per Wisconsin Statute
893.80 for the "governmental" acts or decisions about road maintenance.
Given the City had no prior notice of the pothole and/or given the discretionary immunity in
place for the City regarding road maintenance, Statewide Services, Inc. will be unable to pay for
your claimed damages.
During our discussion, I understood you to essentially withdraw your claim stating the City does
not need to take the time to formally disallow it, and I will note this to the City.
I atp��o that we cannot be of assistance to you, Ms. Spaude, and please do not hesitate to
cf�itact e wi any questions
_�
Si�z el�,�/�jf
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Douglass A. Detlie
Casualty Claims Specialist
Statewide Services, Inc
PO Box 5555
Madison, WI 53705-0555
Office: 608-828-5503
Cc: City of Oshkosh