HomeMy WebLinkAbout31. 16-337JUNE 28, 2016 16-337 RESOLUTION
(CARRIED 7-0 LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY MINT PROPERTIES
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:
Mint Properties DATE OF LOSS: 4/12/2013
(for alleged damages from a water and 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.
Statewide Services, Inc.
iairn Division 1241.John Q. Harrirtt ono D7�
RO. Box 5555
M+aC,8(waC;n,VVI 53701.5-0555
877-204.9/12
VIA E-MAIL ONLY
June 22, 2016
City of Oshkosh
Attn: Ms. Pamela Ubrig, Clerk
P.O. Box 1130
Oshkosh, WI 54903
RE: Our Claim#: WM000702660825
Date of Loss: 047/12/2013
Claimant: Mint Properties, LLC
Attn: Ms. Susan Paulick
1990 Irish Rd.
Neenah, WI 54956
Loss location: 608 Central St.
Oshkosh, WI 54903
Dear Ms.Ubrig:
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 involving
damage the claimant incurred from a backup of sewer water into their home.
Our investigation has revealed that the City was not negligent 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 occurred due to a backup of sewer water into the claimant home after their sewer lateral had inadvertently been
capped. The City had a nearby home at 118 W.Parkway razed as part of a"green space"project, and unbeknownst to anyone
involved the claimant's sewer lateral was connected to the one at 118 W.Parkway, thus, when the 118 W. Parkway lateral
was capped as part of the job, the claimant's lateral became capped and the backup occurred. City records do not show that
the claimant lateral was attached to the one at 118 W.Parkway, and it unknown who connected the two laterals nor when
such a connection occurred. What is known is that there is no evidence that the City failed to adhere to any ministerial duties
with the flagging of their known utility lines. Therefore,per WI statue 893.80 the City has discretionary immunity for their
governmental action to raze the property at 118 W.Parkway.
The claim should also be disallowed as the claimant did not present a statutorily correct Formal Notice of Loss (FNOL) to the
City. Per WI statue 893.80, the claimant had 120 days to provide both a written notice of loss and an itemization of damages,
yet this FNOL comes three (3)years after the loss.
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. These 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 for your attention to the above, Pamela, and please do not hesitate to contact me with any questions.
Best regards,
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 ,statewidesvcs.com
Cc: David Krueger, Agent