§ 2-726. Payments generally.

The city will pay from the automobile self-insurance fund on behalf of officers, employees and volunteers of the city, such sums as they are legally obligated to pay arising out of automobile liability claims against such officers, employees and volunteers of the city, including costs and expenses for settlement, suit, or satisfaction of judgment.

(1)

Such payments shall be made only to the extent that a commercial policy of insurance does not provide protection to pay the legal obligation in question.

(2)

Payment of such claims as are described by section 2-725(2) above shall be made only for the excess over all other valid and collectible insurance providing the same protection (i.e. protection which is available to a person otherwise entitled to assert a claim to such protection by virtue of section 2-725(2)).

(3)

Liability founded on intentional, willful or malicious misconduct by or at the direction of an officer, employee or volunteer of the city is expressly excluded from the provisions hereof.

(4)

Claims between or among fellow officers, employees or volunteers are expressly excluded from the provisions hereof.

(Ord. No. 4671-94)

(Ord. No. 4671-94)