HomeMy WebLinkAbout15. 19-391 JULY 9, 2019 19-391 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY JASON DAVIS
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:
Jason Davis DATE OF LOSS: 06/04/2019
(for alleged damages to his windshield from a rock)
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.Hammons Dr.
P.O.Box 5555
Madison,WI 53705-0555
877-204-9712
June 21,2019
CITY OF OSHKOSH Via E-mail
ATTN: PAM UBRIG
PO BOX 1130
OSHKOSH,WI 54903
RE: Our Claim#: WM000702661000
Date of Loss: 06/04/2019
Claimant: Jason Davis, 3389 Collier Court,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 Mr.
Davis' claim for the damage to his windshield which he is alleging was caused by a rock from a City of
Oshkosh truck on I41 north by Jackson Street on June 4, 2019.
Please be advised that I am recommending that the City of Oshkosh deny this claim pursuant to the
Wisconsin Statute for Disallowance of Claim 893.80(1g) as I do not see any liability or negligence on
behalf of the City of Oshkosh.The disallowance of this claim will shorten the statute of limitations period
to six months.The basis of this denial is that our investigation has revealed that the loss location on I-41
at the overpass for Jackson Street falls under the jurisdiction of Winnebago County,and therefore,
according to Andy Hintz,it's doubtful the city trucks would travel north of Jackson Street because that is
completely out of the city's jurisdiction. Paul Greeninger further confirmed that school district trucks and
logos are similar to the city trucks.Because Mr.Davis did not provide any documentation as to the
specific vehicle or truck allegedly involved in this incident,I am advising the City to deny this claim.
Please send your disallowance, on your letterhead,directly to the claimant at the above listed address.
This should be sent certified or registered mail and must be received by the claimant within 120 days after
you received Mr. Davis' claim. Please send me a copy of the Notice of Disallowance for my file.
Sincerely,
Ginger Kimpton
Senior Casualty Claims Adjuster
855-828-5515/866-828-6613 fax
gkimpton@statewidesvcs.com
CC: Sherri Regenwether,Agent
RECEIVED
JUN 21 2019
CITY CLERK'S OFFICE