HomeMy WebLinkAbout23. 17-19
JANUARY 10, 2017 17-19 RESOLUTION
(CARRIED___7-0____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY ANNA CANNIZZO
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:
Anna Cannizzo DATE OF LOSS: 11/17/2016
(for alleged damages to her vehicle from a dumpster)
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
December 20, 2016
ANNA CANNIZZO
391 NORTH WESTHAVEN DRIVE # I101
OSHKOSH, WI 54904
Regarding: Our Insured: City Oshkosh
Claim No: WM000702660856
Date/Loss: 11/17/2016
Dear Ms. Cannizzo:
1241 John Q. Hammons Dr.
Ro. Box 5555
Madison, WI 53705-0555
877-204-9712
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 claim you submitted regarding the above -referenced incident in which you are
asserting you sustained damage to your 2007 Kia Sportage when a dumpster rolled into your
vehicle in the Oshkosh Public Museum parking lot.
We have performed an investigation and determined that there is no negligence or liability on
behalf of the City of Oshkosh. Our investigation has revealed that the sanitation worker followed
proper procedures in the placement of the dumpster. According to weather reports, wind speeds
ranged from 13.8mph to 18.4mph with wind gusts up to over 24mph during the date/time of this
alleged incident. There were no witnesses to this incident. Based on our investigation, we
believe that wind was the cause of this incident, and not the negligence of the City of Oshkosh or
any of its employees. Therefore, in the absence of negligence on the part of the City of Oshkosh,
Statewide Services Inc. is advising the City to disallow your claim.
Sincerely,
Ginger Kimpton
Senior Casualty Claims Adjuster
855-828-5515 office
866-828-6613 fax
kimpton @ statewidesvcs.com
CC: City of Oshkosh
Phil Burkart, Agent
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/^ r $ 0 2016