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HomeMy WebLinkAbout21. 18-325 JUNE 12, 2018 18-325 RESOLUTION (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: DISALLOWANCE OF CLAIM BY BRIAN BLAHA INITIATED BY: LEGAL DEPARTMENT WHEREAS, the following claim has been referred to the City's insurance carrier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: Brian Blaha DATE OF LOSS: 4/19/2018 (for alleged damages from ice on water tower) 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 May 21, 2018 CITY OF OSHKOSH ATTN: PAM UBRIG PO BOX 1130 OSHKOSH, WI 54903 RE: Our Claim #: WM000702660926 Date of Loss: 04/19/2018 Claimant: Brian Blaha, 5151 County Rd G Winneconne, WI 54986 Dear Ms. Ubrig: via email 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 "Claim" documentation submitted by Mr. Blaha, in which he is claiming damage to his windshield which he believes was caused from a large piece of ice that fell from the water tower. My review of this claim has determined that the City of Oshkosh was not negligent or liable for this incident as this incident would have been the result of a weather-related incident and/or natural causes. Therefore, in the absence of negligence on the part of the City, we recommend that the City of Oshkosh 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 Senior Casualty Claims Adjuster 855-828-5515 / 866-828-6613 fax akimpton@statewidesvcs.com CC: Phil Burkart, Agent RECETV1.Fn_I MAY 21 2018`) CiTYCi EI2fCIs UFFICE