HomeMy WebLinkAbout33. 19-257 APRIL 23, 2019 19-257 RESOLUTION
(CARRIED 6-0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY BRUCE EID
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:
Bruce Eid DATE OF LOSS: 11/20/2018
(for alleged injuries from stepping in a hole)
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
January 30, 2019
CITY OF OSHKOSH via email
ATTN: PAM UBRIG
PO BOX 1130
OSHKOSH, WI 54903
RE: Our Claim #: WM000702660961
Date of Loss: 1112012018
Claimant: Bruce Eid, 215 Division Street, Oshkosh WI 54901
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 Mr. Eid in which he is asserting he sustained a sprained ankle when
he stepped in a "hole" on or about 11/20/18 in an alley at or near High and Algoma.
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 the claim. Please send me a copy of the Notice of Disallowance for my file.
Thank you.
Sincerely,
Ginger Kimpton, AIC
Senior Casualty Claims Adjuster
855-828-5515 phone
608-828-5515 local
866-828-6613 fax
gkiml2ton@statewidesvcs.com
CC: Sherri Regenwether, Agent
RECEIVED --�
- APR 0 8 2019
CITY CLERK'S OFFICE