(A) Purchase of. The City Council shall have the power to purchase liability insurance covering and insuring all municipal officers, employees, and elected officials; said insurance to cover incidents occurring while in the performance of their duties, which insurance may insure, cover, and protect any liability which the municipal corporation, officer, employee, or elected official may incur. When the insurance has been purchased, the city shall be responsible for all premiums and deductible charges called for by any valid liability insurance policy covering the municipal corporation, officer, employee, or elected official.
(B) Indemnification.
(1) If the City Council elects not to purchase liability insurance covering and insuring municipal officers, elected officials, and employees as provided in this section, then the city shall indemnify and cause to defend municipal officers, elected officials, and employees from any claim filed by an individual, partnership, or corporation when the claim is founded on any act or omission of the municipal officers, elected officials, or employees while in the performance of their official duties, except the city shall not indemnify but shall defend any municipal officer, elected official, or employee from any claim made by an individual, partnership, or corporation wherein the claim alleges that the municipal officer, elected official, or employee acted intentionally, maliciously, or wantonly and further shall not indemnify or cause to defend the officials or employees where the claim is directly or indirectly related to the negligent care or use of a vehicle, as defined by the state statutes, and the city shall not indemnify any municipal officer, elected official, or employee from any claim made by a municipal officer, elected official, or employee.
(2) Notwithstanding any other provisions of this code, the city shall not indemnify or cause to defend any municipal officers, elected officials, or employees if the municipal officers, elected officials, or employees have liability insurance insuring the municipal officers, elected officials, or employees from the alleged claim; however, the city shall indemnify the municipal officer, elected official, or employee the personal deductible limits of his or her personal policy.
(Prior Code, § 1-2-26)
Statutory reference:
Related provisions, see 745 ILCS 10/2-201 et seq.