HomeMy WebLinkAbout14. 17-399 AUGUST 8, 2017 17-399 RESOLUTION
(CARRIED 6-0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY MILLER & OGORCHOCK, S.C.
ON BEHALF OF RENEE MOXON
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:
Miller & Ogorchock, S.C. on behalf of Renee Moxon DATE OF LOSS: 04/22/2017
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
July 25, 2017
RENEE MOXON
351 W. 6TH AVENUE
OSHKOSH, WI 54902
Regarding: Our Insured: City of Oshkosh
Claim No: WM000702660872
Date of Loss: 04/23/2017
Dear Ms. Moxon:
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 "Notice of Claim" documentation dated July 20, 2017, through which you assert
that you sustained injuries and damages as a result of a fall near the end of the river walk which
allegedly caused the gate to fall on top of you.
We have performed an investigation and determined that there is no negligence or liability on
behalf of the City of Oshkosh. Based on the information available and known to us, and after
thorough evaluation, it doesn't make sense "how" this accident occurred. Also, City officials
deny having any prior knowledge of the gate being unsecured until they received notice of this
incident. Finally, recreational immunity would apply to this claim based on the circumstances.
Therefore, in the absence of liability or negligence on the part of the City of Oshkosh, Statewide
Services, Inc., is advising the City to disallow this claim.
Sincerely,
Ginger Kimpton, AIC
Senior Casualty Claims Adjuster
Statewide Services Inc.
855-828-5515 / 866-828-6613 fax
akim_pton @ statewidesvcs.com
CC: City of Oshkosh
Phil Burkart, Agent
Attorney Patrick Miller
RECFJVED
JUL 25 2017
CITY CLERK'S OFFI r'�