HomeMy WebLinkAbout09. 13-112
MARCH 12, 2013 13-112 RESOLUTION
(CARRIED___7-0_____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY SCOTT & PATTY ROBENOLT
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:
Scott & Patty Robenolt DATE OF LOSS: 1/5/2013
(for alleged damages from a sewer backup)
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 Or
P.O.Box 5555
Madison,WI 53705-0555
877-20,-971.2
March 4, 2013
CITY OF OSHKOSH
ATTN: PAM UBRIG
PO BOX 1130
OSHKOSH, WI. 54902
RE: Our Claim #: WM000702660617
Date of Loss: 1/5/13
Claimant: SCOTT AND PATTY ROBENOLT
1716 W MURDOCK AVE OSHKOSH WI 54901
Dear Pam:
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
above-stated claim, in which the claimant alleges they sustained damages as a result of the cities
negligence.
Our investigation has revealed that the City of Oshkosh was not negligent or liable for this incident.The
city has a routine maintenance plan to maintain their lines to mitigate backups. Further the claimant's
plumber indicated the blockage was 80'from the sewer drain which would still be in the lateral.
Therefore,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 your 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 letter for our file.
If you have any questions, please feel free to contact me.Thank you.
Sincerely,
Joel Meixelsperger
Casualty Claim Specialist
Office: 608.828.5792
Fax: 800.720.3512 „i h , ',n;;.
jmeixelsperger @statewidesvcs.com
CC: Willis of WI