HomeMy WebLinkAbout16. 18-13 JANUARY 9, 2018 18-13 RESOLUTION
(CARRIED 6-0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY CELIA SAWICKI
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:
Celia Sawicki DATE OF LOSS: 10/17/2017
(for alleged damages to vehicle from construction site)
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.
December 8, 2017
CITY OF OSHKOSH
ATTN: PAM UBRIG
PO BOX 1130
OSHKOSH, WI 54903
RE: Our Claim #: WM000702660906
Date of Loss: 10/17/2017
Claimant: Celia Sawicki, 1386 Ceape Avenue
Oshkosh, WI 54901
Dear Ms. Ubrig:
via email
1241 )ohn Q. Hammon Dr.
P.O. Box 5555
Madison, W1 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
"Claim" documentation submitted by Ms. Sawicki in which she is alleging her vehicle was damaged by a
metal projection when she drove through a construction zone in the 1300 block of Ceape Avenue on
October 17, 2017.
Our investigation has revealed that the City of Oshkosh was not negligent or liable for this incident as the
general contractor, Carl Bowers & Sons Construction Company, was responsible for providing all traffic
control devices within the construction zone. Additionally, Ms. Sawicki was well aware she was driving
through a construction zone, and the photos she submitted do not reflect if or what other warnings or
signage may have been present in the area, other than what is in her photos. Therefore, in the absence of
negligence on the part of the City of Oshkosh, we recommend that the City disallow this claim pursuant
to the Wisconsin Statute for disallowance of claim 893.80(lg). The disallowance of the claim in this
manner will allow us to shorten the statute of limitations period to six months.
Please send the disallowance, on your letterhead, directly to the claimant at the above listed address. This
should be sent certified or registered (restricted) mail and must be received by the claimant within 120
days after you received the claim. Please send me a copy of the Notice of Disallowance for my file.
Thank you.
Sincerely,
Ginger Kimpton, AIC
Senior Casualty Claims Adjuster �, �; i<`,1
855-828-5515 / 866-828-6613 fax
gkimptonCastatewidesvcs.com DEC p 8.2017
CC: Phil Burkart, Agent
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