HomeMy WebLinkAbout22. 19-340 JUNE 11, 2019 19-340 RESOLUTION
(CARRIED 6-0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY JAMES CHASE
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:
James Chase DATE OF LOSS: 3/27/2019
(for alleged damages from driving over the railroad tracks)
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.Hammon Dr.
P.O.Box 5555
Madison,WI 53705-0555
877-204-9712
May 23,2019 -
CITY OF OSHKOSH via email
ATTN: PAM UBRIG
PO BOX 1130
OSHKOSH,WI 54903
RE: Our Claim#: WM000702660986
Date of Loss: 03/27/2019
Claimant: James Chase, 1919 Hubbard Street,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"documentation submitted by Mr.Chase in which he is asserting his vehicle was damaged when
he drove over the railroad tracks at or near Universal Street.
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.Additionally,according to Andy Hintz,the asphalt area on each
side of the railroad tracks is owned and maintained by the railroad company. 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(1g).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
Senior Casualty Claims Adjuster
855-828-5515/866-828-6613 fax
gkimoton@statewidesvcs.com
CC: Sherri Regenwether,Agent _ Ri
MAY $ 3 Z4i9
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