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Judiciary and Licensing Committee disallows West Bend insurance claim citing municipal sidewalk rule
Summary
The committee voted to disallow a slip-and-fall claim filed through West Bend Insurance after staff cited municipal code 13-35, which assigns sidewalk responsibility to the abutting property owner; the committee voted to disallow the claim following the insurer's recommendation.
The Judiciary and Licensing Committee voted May 19 to disallow a slip-and-fall claim filed through West Bend Insurance Company after staff said the municipality's insurer recommended rejection.
Jessica, a staff member, told the committee the packet includes a letter from the municipality's carrier, Statewide Services, recommending disallowance. She said the recommendation rests on municipal code 13-35, which "says sidewalks are the responsibility of the abutting property owner." The staff request was for formal disallowance so the insured can be notified and appeal timelines can proceed.
Committee procedure followed: a member moved to disallow the claim and the chair seconded; the committee then voted orally and the chair declared the motion carried. The committee did not record a roll-call vote in the transcript beyond members responding “aye.”
Why it matters: formal disallowance begins the statutory notice and appeal process for the claimant and clarifies the municipality's position on liability in this incident. The committee did not, in the transcript, discuss damages, the claimant's identity, the sidewalk's condition, or any settlement offers.
Next steps: staff will notify the insured and proceed with the administrative timelines tied to disallowance, per the insurance carrier's recommendation. No further action or appeal date was recorded in the transcript.
