HomeMy WebLinkAbout15. 18-553 NOVEMBER 14, 2018 18-553 RESOLUTION
(CARRIED 6-0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY CHARLES LARSON
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:
Charles Larson DATE OF LOSS: 4/30/2018
(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.
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Claim Division 1241 John Q. Hammons Dc
P.O. Box 5555
Madison, WI 53705-0555
877-204-9712
October 26, 2018
Mr. Charles Larson
240 W. 8" Ave.
Oshkosh, WI 54902
Regarding: Our Insured: City of Oshkosh
Claim No: WM000702660944
Date/Loss: 03/30/2018
Dear Mr. Larson:
Statewide Services, Inc. administers the claims for the League of Wisconsin Municipalities
Mutual Insurance, which provides the insurance coverage for the City of Oshkosh. As discussed,
we are in receipt of the above -captioned claim involving costs to replace your sink faucet
allegedly damaged during work to replace the water main servicing your residence.
As further discussed, Sir, we have completed our investigation, and we have recommended that
the City of Oshkosh disallow your claim. Although it is not certain what exactly caused the
damage to your faucet, the loss dynamic suggests a blow back of pressure in your water line—
often called a "water hammer"—may have occurred as a result of the City having to shut off the
water main servicing your home as work progressed to replace the water main, and this "water
hammer" appears to have caused the damage. Our investigation proved that City Public Works
staff did not fail to meet any ministerial duties—or mandates -----when shutting off and then
turning on the water main; thus, City staff per WI Statute 893.80 would be afforded discretionary
immunity for their "governmental action" when working to replace the water main.
As further discussed, Mr. Larson, your claim is statutorily barred from being submitted to the
City. WI Statute 893.80 also prescribes that claims must be submitted to the City within 120 days
of noticing a loss, and your claim submission of August 8, 2018 was beyond this legal time
frame.
Given the immunity in place for the City and/or given that your claim against the City is
statutorily barred, Statewide Services, Inc. will be unable to pay for your damages. Finally, the
City will be taking no further action on the matter given that your claim is statutorily barred from
being submitted to the City.
RECEIVED
QCT 2
I am sorryth we cannot be of assistance to you, Mr. Larson, and please do not hesitate to
contact a wi tions,
Sincer
Doug�laasss A4DIVie
Casualty Claims Specialist
Statewide Services, Inc
PO Box 5555
Madison, W153705-0555
Office: 608-828-5503
Cc: City of Oshkosh