HomeMy WebLinkAbout39. 19-193 MARCH 26, 2019 19-193 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY PAUL MARKOWSKI
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:
Paul Markowski DATE OF LOSS: 1/28/2019
(for alleged damages to his vehicle from a snowplow)
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
March 8, 2019
CITY OF OSHKOSH
ATTN: PAM UBRIG via email
PO BOX 1130
OSHKOSH, WI 54902
RE: Our Claim #: WM000702660976
Date of Loss: 01/28/2019
Claimant: Paul Markowski, 325 S. Westfield Street, Oshkosh WI 54902
Dear Ms. Ubrig:
1241 Jahn 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 Mr. Markowski in which he is asserting he sustained damage to his
vehicle when it was allegedly struck by a city plow while parked in front of his residence.
Based on our investigation, we have found no liability or negligence on behalf of the City of Oshkosh for
this alleged incident. There were no witnesses, and city officials do not believe they're responsible for the
damage to the claimant vehicle, which our investigation will confirm. The snowplow driver, Kyle
Gebhart, confirmed stopping his plow truck to allow vehicles to pass, and specifically recalls seeing the
damage to the claimant's vehicle, as well as the snow inside the vehicle. After the approaching vehicle
passed him safely, Mr. Gebhart plowed around the claimant vehicle and saw the damage to the left side,
including the broken windows. Our investigator confirmed with Mr. Gebhart that he saw the damage to
the claimant vehicle the first time he plowed Westfield Street in a southbound direction. Therefore, in the
absence of negligence 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,
Ginger Kimpton RECEIVED
Senior Casualty Claims AdjusterF1
855-828-5515 / 866-828-6613 fax MAR 12 2019
gkimpton@statewidesvcs.com
CC: Sherri Regenwether, Agent