KAUKAUNA — The city of Kaukauna has apparently deferred to its insurance carrier in the case of its out-of-control brushfire that damaged a homeowners’ siding, and now the ball appears to be in the homeowners’ court.
In a widely shared Facebook post that led to a story on Fox 11 TV news, home owners Jaime and Dave Schmitt said after the burn of brush May 10 in a vacant lot next to her property melted siding on one side of the house, the city admitted fault and sent the claim to the its insurance company.
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However the insurance company said it would only replace the side that was damaged. The Schmitt’s problem is that the siding color is no longer available, which would lead to mismatched siding on her home.
The Schmitt’s say they were able to get a quote of $15,000 to re-side the whole house, but the insurance company is only offering $3,900.
After a one-hour closed session meeting June 20, the city issued a statement saying the claim remains with the liability insurer.
Asked if the city would eventually cover the difference between the insurance claim and the cost to re-side the whole home, a city spokesperson didn’t answer directly but only deferred to its earlier statement. (In full below.)
Without further action from the city council, the Schmitt’s will either be stuck with two colors of siding on their home, or will have to pay more than $11,000 to have it fully replaced.
Jaime Schmitt on Friday told Kaukauna Community News that family is now working with an attorney.
“The mayor and city council are intentionally doing nothing so that we get nothing. So our house doesn’t get fixed,” Schmitt wrote in her most recent Facebook post.
Without further action by the council, the Scmitt’s would have to file a civil claim against the city. If successful, the claim likely would attempt to recover both the cost of damage to the siding as well as attorney’s fees.
Kaukauna Community News reached out to city council members Pennie Thiele and Mike Coenen, who represent the Fieldcrest Drive subdivision where the Schmitt’s live, but have not received a response.
The full statement sent to Kaukauna Community News from the city of Kaukauna:
The damaged home siding claim was on the Common Council agenda at the June 20th meeting. After discussion in closed session, the City of Kaukauna Common Council decided not to make any formal motions regarding the situation, but instead leave it up to proper protocol with the insurance company.
It is important to emphasize, the City responded and reacted appropriately to the controlled burn incident by immediately turning the damage claim over to its insurance company. The City recognizes that any property damage to one’s home is a substantial inconvenience and can be an emotionally trying experience to work through the repair and restoration process. The City has not denied liability for the damage to the home, nor has the City refused to repair the damage that the City is liable for. The claim remains with the liability insurer and no recommendation has been made to deny the homeowner’s claim. Just like individuals and corporations, the City of Kaukauna pays insurance premiums to provide liability coverage so that the taxpayers do not experience fluctuations in taxes due to unexpected liability costs.
Shortly after the incident, Mayor Tony Penterman publicly apologized and said he hoped to resolve the issue to the homeowners satisfaction in the near future.
“Regarding the recent controlled burn incident, we sincerely apologize to the homeowner whose property was damaged by heat despite additional safety measures that were put into place during the burn. We acknowledge the inconvenience and distress it has caused,” he wrote.
In any case, the Schmitt’s remain frustrated by the whole situation.
“We are absolutely horrified that the city is taking this position,” Schmitt said. “We are devastated and beside ourselves over this action.”
