HomeMy WebLinkAbout32. 17-381 JULY 25, 2017 17-381 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY STATE FARM INSURANCE
ON BEHALF OF APRIL CHASE
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:
State Farm Insurance on behalf of April Chase DATE OF LOSS: 01/29/2017
(Insured: April Chase)
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.
1111111 11,1111M
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Claim Division
July 6, 2017
CITY OF OSHKOSH via email
ATTN: PAM UBRIG
PO BOX 1130
OSHKOSH, WI 54902
RE: Our Claim #: WM000702660875
Date of Loss: 01/29/2017
Claimant: State Farm Insurance Auto Claims
PO Box 52250, Phoenix, AZ 85072-2250
Dear Ms. Ubrig:
1241 John Q. Hammons Dr.
P.O. Box 5555
Madison, WI 53705-0555
877-204-9712
We are in receipt of State Farm's subrogation/claim demand documentation for the above -referenced incident
regarding their insured's April Chase's vehicle which caught on fire at Felix Auto & Tire's tow lot on January 29•
2017, when it was parked near a vehicle that had re -ignited and started on fire, which the Oshkosh Fire
Department had previously extinguished.
We have investigated this claim, and we have determined there is no liability or negligence on behalf of the City
of Oshkosh or the Oshkosh Fire Department. Based on our investigation, the vehicle fire was extinguished when
the fire department left the scene on 1/29/17 at 8:28pm. The tow truck driver confirmed the fire was extinguished
when he loaded the vehicle onto the flat bed of the tow truck. When the vehicle was towed to Felix Auto & Tire's
tow yard, the employee parked the vehicle nearby several other vehicles (approx. 3-4 feet). Shortly after, the
employee saw the fire from his office and attempted to put out the fire. When he failed, he contacted the Oshkosh
Fire Department again. The employee said he was told by the Oshkosh Fire and/or Police Department to always
park a vehicle that had recently been on fire in an open area away from other vehicles, buildings etc. Therefore, in
the absence of negligence on the part of the City of Oshkosh and the Oshkosh Fire Department, we recommend
the City disallow this claim.
Please send your disallowance, on your letterhead, directly to State Farm Insurance at the above listed address.
This should be sent certified or registered mail and must be received by State Farm within 120 days after you
received their claim demand letter dated 6/28/17. Please send me a copy of the Notice of Disallowance for my
file.
Sincerely,
Ginger Kimpton, AIC
Senior Casualty Claims Adjuster
855-828-5515 / 866-828-6613 fax
gkimpton@statewidesvcs.com
CC: Phil Burkart, Agent
RECEIVED
JUL 0 6 2017
CV CLE ' o c�