HomeMy WebLinkAbout25. 19-55 JANUARY 22, 2019 19-55 RESOLUTION
(CARRIED 6-0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY STEFANIE PETERSON
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:
Stefanie Peterson DATE OF LOSS: 11/7/2018
(for alleged damages to her vehicle from hitting a pothole)
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,0, Box 5555
Madison,W1 53705-0555
877-204-9712
January 7,2019
CITY OF OSHKOSH Via E-mail
ATTN: PAM UBRIG
PO BOX 1130
OSHKOSH,WI 54903
RE: Our Claim#: WM000702660958
Date of Loss: 11/07/2018
Claimant: Stefanie Peterson, 1322 Graham Ave, Oshkosh WI 54902
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
Form submitted by Ms. Peterson in which she is asserting a claim for damages to her vehicle in the
amount of$1084.78 when she backed out of her driveway and hit a"large drop off/pothole"where the
road and driveway meet.
Please be advised that I am recommending that the City of Oshkosh deny this claim pursuant to the
Wisconsin Statute for Disallowance of Claim 893.80(lg).The disallowance of this claim will shorten the
statute of limitations period to six months.The basis of this denial is that I do not believe the City of
Oshkosh is liable for the claimant's damages based on our investigation which revealed that the City had
no prior knowledge of, or complaints of, any issues regarding this defect or pothole in front of the
claimant's driveway. Additionally,PTS Contractors was the general contractor for the project.The City
of Oshkosh is listed on their Certificate of Liability Insurance, and per the contract between the City of
Oshkosh and PTS Contractors,the"Contractor"agrees to "protect and hold the City harmless against all
actions,claims and demands of any kind or character whatsoever which may in any way be caused by or
result from the intentional or negligent acts of the Contractor.....". Based on our investigation,I believe
PTS Contractors,not the City of Oshkosh,would be responsible for this claim.
Please send your disallowance, on your letterhead, directly to the claimant at the above listed address.
This should be sent certified or registered 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
Casualty Claims Adjuster
855-828-5515/866-828-6613 fax
gkimpton@statewidesves.com
CC: Sherri Regenwether,Agent