HomeMy WebLinkAbout21. 16-458SEPTEMBER 13, 2016 16 -458 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY ANGELINE GONZALES
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:
Angeline Gonzales DATE OF LOSS: 6/24/2016
(for alleged damages from striking a hole in the street caused by construction)
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 - e
Claim >f
August 29, 2016
CITY OF OSHKOSH
ATTN: PAM UBRIG
PO BOX 1130
OSHKOSH, WI 54903
via email
RE: Our Claim #: WM000702660835
Date of Loss: 06/24/2016
Claimant: Angeline Gonzales, 808 Harney Ave
Oshkosh, WI 54901
Dear Ms. Ubrig:
1241 John Q. Hammon C
P.O. Box 5555
Madison, WI 53705 -0555
877 - 2049712
We are in receipt of the "Claim" documentation submitted by Ms. Gonzales in which she has submitted a
claim for damage to her vehicle when she "hit a hole in the street caused by the ongoing construction in
that area" on June 24, 2016.
Our investigation has revealed that the City of Oshkosh was not negligent or liable for this incident as this
incident occurred in a construction zone in which the contractors are responsible for all signs and the
maintenance of the roadways while the construction project is ongoing. According to the contract
between the City and Domer Inc, the City is to be held harmless of any and all claims related to the
contractor's work. Additionally, the contractor indemnifies and holds the City harmless of any and all
claims. Therefore, in the absence of negligence on the part of the City, 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
gkiMpton@statewidesvcs.com
CC: David Krueger, Agent
RECEIVED
AUG 2 9 2016
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