HomeMy WebLinkAbout10. 13-113
MARCH 12, 2013 13-113 RESOLUTION
(CARRIED___7-0_____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY CHADRICK SCHOONOVER
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:
Chadrick Schoonover DATE OF LOSS: 2/8/2013
(for alleged damages to his vehicle from hitting a pothole)
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
February 28, 2013 877-204-9712
CITY OF OSHKOSH
ATTN: PAM UBRIG
PO BOX 1130
OSHKOSH,WI 54903-1130
RE: Our Claim #: WM000702660621
Date of Loss: 02/08/2013
Claimant: Chadrick Schoonover
1842 Greenbriar Tr, 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 above-stated claim, in which the claimant allegedly sustained damage to his
vehicle when he ran over a couple pot holes on Hughes Street on 2/8/13.
Our investigation has revealed that the City of Oshkosh was not negligent or liable for this
incident. 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. Our denial is
based on the fact that although the City was aware of the condition of the Street, it did not have
prior notice of the pot holes, and there are plans in place to repair this section of road.The
claimant admits to driving on this road every day and being aware of its rough condition.Also,
the damages being claimed to the claimant's vehicle are questionable.
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
disallowance for our file.
Sincerely,
Ginger Kimpton
Casualty Claims Adjuster
PO Box 256
Mount Horeb, WI 53572
855-828-5515 /866-828-6613 fax
gkimpton cx statewidesvcs.com
J
CC: Tim Nickels, Agent 201