HomeMy WebLinkAbout32. 19-122 FEBRUARY 26, 2019 19-122 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY DONNA MCMARTIN
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:
Donna McMartin DATE OF LOSS: 8/28/2018
(for alleged damages to her vehicle from 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
February 4, 2019
CITY OF OSHKOSH via email
ATTN: PAM UBRIG
PO BOX 1130
OSHKOSH, WI 54903
RE: Our Claim #: WM000702660972
Date of Loss: 08/28/2018
Claimant: Donna McMartin, N8603 Big Island Road, Berlin WI 54923
Dear Ms. Ubrig:
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 Ms. McMartin in which she is claiming damage to her vehicle as a
result of driving over a pot -hole on Snell Road on August 28, 2018.
Our investigation has revealed that there is no liability or negligence on behalf of the City of Oshkosh as
the City did not have prior knowledge 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 the claim. Please send me a copy of the Notice of Disallowance for my file.
Thank you.
Sincerely,
RFE7r
Ginger Kimpton _
Senior Casualty Claims AdjusterFF� P'i"� CO 5 2019 1;
855-828-5515 / 866-828-6613 fax
jzkimpton@statewidesvcs.com
CC: Sherri Regenwether, Agent