HomeMy WebLinkAbout14. 19-390 JULY 9, 2019 19-390 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY WALTER YOCIUS II
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:
Walter Yocius II DATE OF LOSS: 04/22/2019
(for alleged damages from a well abandonment)
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
June 26,2019
CITY OF OSHKOSH via email
ATTN: PAM UBRIG
PO BOX 1130
OSHKOSH,WI 54903
RE: Our Claim#: WM000702660998
Date of Loss: 04/22/2019
Claimant: Walter P. Yocius II,3130 White Tail Lane Unit B, Oshkosh WI 54904
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. Yocius II, in which he is requesting reimbursement of$1441.90
for the abandonment of a well,which he does not feel should've been his responsibility. Mr.Yocius II
alleges that the previous owner should have been required to comply with the ordinance sometime
between 1992, when the ordinance was enacted,and 2017, when he sold the property.Mr. Yocius further
will argue that,if the well was at risk,the City of Oshkosh and/or the DNR should have known about the
existence of the well and should've had the prior property owner permit or abandon the well.
We have performed an investigation regarding this claim. Based on the available information,private
wells are the responsibility of the property owner(s). Additionally,we do not believe city officials were
aware this well existed until a city resident reported it to the city in August 2018. Based on our review of
this claim and the Real Estate Condition Report, liability could possibly rest with the prior owner of the
property for failing to properly disclose the private well.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(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,
RLr
JUN 26
CITY CL ER $(11fifftra
Ginger Kimpton
Senior Casualty Claims Adjuster
855-828-5515/608-828-5515 direct
866-828-6613 fax
gkimpton@statewidesvcs.com
CC: Sherri Regenwether,Agent