HomeMy WebLinkAbout22. 19-19 JANUARY 8, 2019 19-19 RESOLUTION
(CARRIED 6-0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY ROSE LEITL
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:
Rose Leitl DATE OF LOSS: 10/12/2018
(for alleged damages from vehicle striking a manhole cover)
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 1241 John Q. Hammons Dr.
P.O. Box 5555
Madison,WI 53705-0555
877-204-9712
December 7, 2018
CITY OF OSHKOSH via email
ATTN: PAM UBRIG
PO BOX 1130
OSHKOSH,WI 54901
RE: Our Claim#: WM000702660956
Date of Loss: 10/12/2018
Claimant: Rose Leid, 1019 Ceape Avenue, Oshkosh WI 54901
Dear Ms. Ubrig:
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. Leid for damage to her 2001 Chevrolet Impala which she
alleges occurred when she struck a manhole on Bowen Street,just north of Merritt Avenue on October
12, 2018.
Our investigation has revealed that the City of Oshkosh was not negligent or liable for this incident as the
City did not have prior notice of the condition which allegedly caused this incident. A municipality has no
liability unless it knew, or should have known, of the existence of the condition and had reasonable
amount of time to repair the condition. Therefore,in the absence of negligence and absence of notice of
the condition 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 Ms.Leid's claim form. 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
.gkimpton@ statewidesvcs.com
CC: Sherri Regenwether, Agent