HomeMy WebLinkAbout18. 17-80
FEBRUARY 28, 2017 17-80 RESOLUTION
(CARRIED____7-0__ LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY ROSS & CHLOE WANDSCHNEIDER
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:
Ross & Chloe Wandschneider DATE OF LOSS: 11/14/2016
(for alleged damages to their property from the Street Department
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.
OR MIFSTMr,
February 13, 2017
CHLOE AND ROSS WANDSCHNEIDER
1609 JACKSON STREET
OSHKOSH, WI 54901
Regarding: Our Insured: City of Oshkosh
Claim No: WM000702660864
Date/Loss: 11/14/2016
Dear Ms. Wandschneider:
1241 John Q. Hammons 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 the above -stated claim, in which you are requesting payment for the replacement of
your damaged tree.
We have investigated this incident. Please be advised that we are recommending that the City of
Oshkosh disallow your claim. The basis of our denial is that our investigation has determined
that the tree in question was owned and maintained by the City of Oshkosh because it was within
the City's right of way between the curb and the sidewalk. While there is no question that the
public works operator struck and damaged the tree, based on our review, the City damaged its
own tree as the tree is clearly the property of the City of Oshkosh. City officials did offer to
replace the tree with another tree of appropriate size.
Therefore, Statewide Services will be unable to pay for your damages.
Sincerely,
Ginger Kimpton
Senior Casualty Claims Adjuster
855-828-5515 phone
866-828-6613 fax
gkimpton@statewidesvcs.com
CC: City of Oshkosh
Phil Burkart, Agent
RECEIVED
FEB 13 2017
")FTICE