HomeMy WebLinkAbout14. 18-552 NOVEMBER 14, 2018 18-552 RESOLUTION
(CARRIED 6-0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY JON RUCINSKY&MICHAEL ALLEN
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:
Jon Rucinsky & Michael Allen DATE OF LOSS: 8/23/2018
(for alleged damages from water main break)
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.
s ' ' Services, Inc.
Claim Division
VIA E-MAIL ONLY
October 25, 2018
City of Oshkosh
Attn: Pamela Ubrig, Clerk
P.O. Box 1130
Oshkosh, WI 54903
RE: Our Claim #: WM000702660946
Date of Loss: 02/04/2018
Claimant: Jon Rucinsky
3680 N. Main St.
Oshkosh, WI 54901
Loss location: 3680 N. Main St.
Oshkosh, WI 54901
Dear Ms. Ubrig:
and Michael Allen
125 W. Main St., Apt. B
Omro, WI 54963
1241 John Q Hammons Dr.
P.O. Box 5555
Madison, WI 53705-0555
RECEIVED
0'CT 2 6 218
L+IiS'Cl<E *so FYICE
As you know, 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(s) regarding
cosmetic damage to the claimant vehicles on account of a break to the City water main. Specifically, the water from the break
was first noticed when "bubbling" out of the ground, and it blew -up akin to a geyser before City staff was able to make a
repair; hence, dirt, small rocks and/or debris were thrown into the air damaging the vehicles.
Our investigation has revealed that the City was not negligent for this incident. Therefore, we recommend that the City
disallow this claim pursuant to the Wisconsin Statute for disallowance of claim 893.80(1 g). The disallowance of the claim in
this manner will shorten the statute of limitations period to six months.
As noted above, this loss stems from a water main break; however, City operations did not cause the break, thus the City is
not liable for it. City staff had no prior notice that there was a problem with the water main; thus, staff was unable to take
measure to prevent the break from occurring. City staff responded timely to investigate and correct the problem once it was
identified to them, thus there is no liability for any delayed response time. The water "blew -up" and became akin to a
"geyser" while City staff was on the scene working to find the proper valve in order to shut down the water to make a repair;
and there is no evidence that staff failed to adhere to any ministerial duty—or mandate—with their actions. Absent a
ministerial duty, WI statue 893.80 affords the City discretionary immunity for their "governmental" decisions about how to
best repair the water main. Finally, if it is argued that the buried water main pipe was defective, the City is also afforded
discretionary immunity for their governmental action or decisions "...a) to adopt a water works system; b) to select and place
pipe in the ground; and c) in the continued existence of such pipe". Therefore, we recommend that the claim be disallowed.
I have enclosed a sample Notice of Disallowance for your use, should you choose to use it, or you may use your own. Please
send your disallowance, on your letterhead, directly to the claimants at their above listed address'. These should be sent
certified or registered (restricted) mail, and they must be received by the claimants within 120 days after you received the
claim. Please send me copies of the letters for our file.
Thank you, Pam, for your attention to the above, and please do not hesitate to contact me with any questions.
Best regards,
Douglass A. Detlie
Casualty Claims Specialist
Office: 608-828-5503
Fax: 800-720-3512
E-mail: ddetliegstatewidesvcs.com
Cc: Sherri Rusch-Regenwether, Agent