HomeMy WebLinkAbout11. 13-114
MARCH 12, 2013 13-114 RESOLUTION
(CARRIED___7-0_____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY INGENIX (BRITTANY NENNING)
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:
Ingenix (Brittany Nenning) DATE OF LOSS: 1/4/2012
(for alleged injuries as a result of slipping on the ice in the parking lot at South Park)
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
March 6, 2013 877-204-9712
CITY OF OSHKOSH VIA EMAIL
ATTN: ANGELA JOECKEL
PO BOX 1130
OSHKOSH,WI 54903
RE: Our Claim #: WM000702660588
Date of Loss: 01/04/2012
Claimant: INGENIX(injured party Brittany Nennig, file# 18298092)
12125 Technology Drive MN002-0220, Eden Prairie, MN 55344
Dear Ms. Joeckel:
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 Ingenix's letters regarding the above-referenced incident in which Brittany Nennig was
injured when she allegedly slipped and fell in the parking lot on 1/4/12.
We have performed an investigation which has found no negligence on the part of the City of
Oshkosh, and we have recommended you disallow Ms. Nennig's claim. Therefore,we are now
recommending you also disallow Ingenix's claim as there is no liability on behalf of the City of
Oshkosh.The basis of our denial is that the City is not legally liable for the claimant's injuries or
damages. Ms. Nennig was familiar with the park and was fully aware of the conditions of the
parking lot on the day in question. Based on the information provided for review, our
investigation determined the incident occurred within the three-week time-frame for the
immunity statute of natural accumulation of ice and snow. There is also the winter in Wisconsin
defense.
Please send your disallowance, on your letterhead, directly to Incienix at the above listed
address.This should be sent certified or registered (restricted)mail and must be received by
ingenix within 120 days. Please send me a copy of the Notice of Disallowance for our file.
Sin•�- �-ly,
a
{(41A1)6c-\
nger Kim cton
Casualty Claims Adjuster II
855-828-5515/866-828-6613 fax
akimptonCa7statewidesvcs.com
CC: Tim Nickels, Agent
Statewide Services, Inc
Claim Division 1241 John Q.Hammons Dr.
P.O. Box 5555
Madison,WI 53705-0555
877-204-9712
March 6,2013
INGENIX
ATTN: SANDRA TATUM
12125 TECHNOLOGY DRIVE MN002-0221
EDEN PRAIRIE,MN 55344
Regarding: Our Insured: City of Oshkosh
Claim No: WM000702660588
Date/Loss: 01/04/2012
Injured Party: Brittany Nennig
Your File#: 18298092
Dear Ms. Tatum:
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 your subrogation letters/notices regarding the above-
referenced claim.
Please be advised that we have conducted an investigation, and our investigation has
determined that there was no negligence on the part of the City of Oshkosh.Therefore,
we have denied and recommended disallowance of Ms.Nennig's claim as we have found
no liability on behalf of the City of Oshkosh; and we are recommending that the City of
Oshkosh disallow your subrogation claim for this matter.
Sincer-ly,
tk ()NI Y.)
Ginger Kimpton
Casualty Claims Adjuster II
855-828-5515 /866-828-6613 fax
gkimpton @statewidesvcs.com
CC: City of Oshkosh
Tim Nickels, Agent