HomeMy WebLinkAbout24. 17-20
JANUARY 10, 2017 17-20 RESOLUTION
(CARRIED___7-0____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY MARY FLOWERS
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:
Mary Flowers DATE OF LOSS: 10/18/2016
(for alleged damages to her vehicle from a snow plow)
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
MARY FLOWERS
395 FOSTER STREET
OSHKOSH, WI 54902
Regarding: Our Insured: City of Oshkosh
Claim No: WM000702660857
Date/Loss: 10/18/2016
Dear Ms. Flowers:
1241 John Q. Hammon Dr.
P.O. 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 your "Claim" documentation for the above referenced incident in which you are
asserting a claim for damage to your 2013 Dodge Dart Rally when you drove over a pothole on
Washington Avenue on October 18, 2016.
We have performed an investigation and determined that there is no liability or negligence on the
part of the City of Oshkosh. Additionally, our investigation has revealed that the City did not
have prior actual or constructive notice of the condition which allegedly caused this incident. A
municipality has no liability unless it knew, or should have known, of the existence of the
condition and had reasonable amount of time to repair the condition. Therefore, in the absence of
negligence and absence of notice of the condition 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
kirnpton@statewidesvcs.com
CC: City of Oshkosh
Phil Burkart, Agent
CE:I�
DEC 202016
CITY CCEt°K�_ BICE