Sec. 2-725. - Automobile liability claims defined.

"Automobile liability claims" means

(1)

Claims for bodily injury, death or property damage arising out of and caused by the maintenance, use or operation of a motor vehicle owned by the city, provided that the aforesaid use of the vehicle has been authorized, and

(2)

Claims for bodily injury, death or property damage arising out of and caused by the operation of a motor vehicle owned by a person other than the city, provided that:

a.

The use of such vehicle by an officer, employee or volunteer arises out of and in the course of the discharge of official duties on behalf of the city; and

b.

The use of such vehicle by an officer, employee or volunteer in connection with such duties has been authorized.

Traveling to and from work shall not be deemed to arise out of or in the course of the discharge of official duties on behalf of the city.

(Ord. No. 4671-94)

Sec. 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)

Sec. 2-727. - Employee contributions; when.

The city will pay from the automobile self-insurance fund all amounts required to be paid on behalf of the city for legal liability arising out of automobile liability claims against the city. The city shall not seek contribution from an officer, employee or volunteer except in a case in which liability is founded on intentional, willful or malicious misconduct by or at the direction of an officer, employee or volunteer of the city.

(Ord. No. 4671-94)

Sec. 2-728. - Uninsured and underinsured motorist claims.

(a)

To the extent that they relate to the ownership, maintenance, use or operation of motor vehicles owned by the city, the city will pay from the automobile self-insurance fund within the limits described by section 2-728(c) such sums as its officer, employee or volunteer is legally entitled to recover as damages from the owner or operator of an uninsured or underinsured motor vehicle, as those terms are defined by Section 38.2-2206 of the Code of Virginia.

(b)

The city will pay from the automobile self-insurance fund within the limits described by section 2-728(c) such sums as any person who occupies a motor vehicle owned by the city as a guest is legally entitled to recover as damages from the owner or operator of an uninsured or underinsured motor vehicle, as those terms are defined by Section 38.2-2206 of the Code of Virginia, provided that such person occupies the vehicle with the express or implied consent of an officer, employee or volunteer of the city, and provided further that the giving of such consent has first been authorized.

(c)

The amount required to be paid pursuant to section 2-728(a) and section 2-728(b) shall not exceed the minimum financial requirements established by Section 46.2-472 of the Code of Virginia. The city acknowledges that the foregoing amount is not equal to the amount of protection afforded under section 2-727, and it hereby expressly rejects limits of uninsured or underinsured coverage in any amount greater than the minimum financial requirements established by Section 46.2-472 of the Code of Virginia, all pursuant to Section 38.2-2206 of the Code of Virginia. Payment of such amounts 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 2-728(a) and section 2-728(b)). The foregoing limit applies regardless of the number of (1) persons who are entitled to protection by the provisions hereof; (2) persons who sustain bodily injury, death or property damage; (3) claims made or suits brought on account of bodily injury, death or property damage; or (4) motor vehicles to which the provisions hereof apply.

(d)

The amount required to be paid pursuant to sections 2-728(a) and 2-728(b) shall be reduced by the amount of any workers' compensation benefits which have been paid.

(e)

The city will not pay amounts that a person protected under section 2-728(a) and section 2-728(b) is legally entitled to recover by reason of a settlement unless the city has first consented to the settlement in writing.

(f)

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

(Ord. No. 4671-94)

Sec. 2-729. - Punitive damages.

The city will not pay punitive damages that an officer, employee or volunteer of the city is legally obligated to pay except pursuant to the protection provided by section 2-728.

(Ord. No. 4671-94)

Sec. 2-730. - Medical payment claims.

Medical payments claims (as described by Section 38.2-124(B) of the Code of Virginia) are not provided except to the persons to whom such protection is mandated by Section 22.1-194 of the Code of Virginia, and then only to the maximum amount set forth in Section 22.1-194 as the minimum limit for such coverage.

(Ord. No. 4671-94)

Secs. 2-731—2-735. - Reserved.