The City of Port Coquitlam

REPORT TO COUNCIL
MEMORANDUM

TO: J. Maitland - City Treasurer - DATE: September 28, 1993
Deputy Administrator

FROM: T. Day
Purchasing Manager

SUBJECT: Insurance Claim, Louise Kiss

RECOMMENDATION:

That the City deny this claim.

BACKGROUND & COMMENTS: —

On September 13, 1993, I received a "fax" from Louse Kiss stating the heavy winds on
Septernber 11, 1993 brought down three very large trees from Hyde Creek Park across
PoCo Trail laying at rest across her backyard fence, shed and swimming pool. I forwarded
this ummediately to the Municipal Insurance Association of B.C. and Kiejoon Kim of MIA
posted a letter the same day advising her that her claim was denied because the "proximate
cause of your alleged damages was a windstorm in effect at material times. No act or
omission of the City caused the trees to fall down onto your property on September 11,
1993."

After numerous calls between Louise Kiss, Bram Hoogendoorn and myself, the claimant
is determined to collect damages from the City and nox her insurance company. Please see
the attached letter to Brian Kirk, City Administrator.

Please make your comments available to our council for their decision.

Respectfully submitted,

T.I. Day,
Purchasing Manager.

TID/ms
Attachment