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Council disallows vehicle-damage claim citing state statute
Summary
Council voted to disallow a liability claim submitted July 9 for vehicle damage allegedly caused by a rock; staff said the city had no notice of the alleged rock and relied on advice from the League of Wisconsin Municipalities mutual insurance administrator.
Staff reported a motorist submitted a notice of incident on July 9 alleging that a rock struck and damaged their vehicle. Staff said the League of Wisconsin Municipalities Mutual Insurance administered the investigation and recommended disallowance because the city had no notice of the alleged hazard and road shoulders are not maintained as roadways. Staff cited state statute when recommending disallowance; the council moved, seconded, and approved the recommendation to disallow the claim.
Staff noted disallowing the claim shortens the claimant’s time to respond to the city (six months under the cited statute). The council did not discuss further investigation or payment.
