HomeMy WebLinkAbout15. 17-104 MARCH 14, 2017 17-104 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY JULIE MAYER
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:
Julie Mayer DATE OF LOSS: 12/07/2016
(for alleged damages to her vehicle from hitting a rock)
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.
February 27, 2017
JULIE MAYER
902 ADAMS AVENUE
OSHKOSH, WI 54902
Regarding: Our Insured: City of Oshkosh
Claim No: WM000702660867
Date of Loss: 12/07/2016
Dear Julie:
1241 John Q. Hammons Dr,
P.O. Box 5555
Madison, WI 53705-0555
877-204-4712
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 allege you sustained damage to your 2012
Chevrolet truck when you lost control of your vehicle on a snow-covered and slippery road and
slid into a rock at or near 1120 Bauman Street on or about December 7, 2016.
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 found no liability or negligence on behalf of the
City of Oshkosh for this incident. We are unable to verify the facts and details as you allege
since there is no police report, you are uncertain of the exact date of the incident, and there were
no witnesses. Additionally, based on the information known and available to us, the majority of
negligence would be attributed to you for failure to maintain control of your vehicle on slippery
roads, failure to maintain proper lookout, and driving too fast for conditions, thereby causing you
to slide into the rock which is an immobile object. Therefore, based on the above, Statewide
Services Inc. has advised the City of Oshkosh to disallow your claim, and we will be unable to
pay for your damages.
Sincerely,
Ginger Kimpton
Senior Casualty Claims Adjuster
608-828-5515 direct
gkimpton @ statewidesvcs.com
CC: City of Oshkosh
Phil Burkart, Agent
FEB 2 7 2017
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