(a) To be entitled to coverage, a plan member must:
(1) Notify risk management within five days after receipt of any written notice of claim;
(2) No later than five days after receipt of a lawsuit, notify the city attorney and request in writing legal representation by the city attorney;
(3) Assist and cooperate with the city and its authorized representatives in the investigation of such claim or lawsuit;
(4) Assist and cooperate in the defense of the lawsuit, including attending hearings, depositions, and trials; securing and giving evidence; and cooperating in enforcing any right of contribution or indemnity;
(5) Not give any oral or written statement concerning a lawsuit or claim, except upon the advice of the city attorney or a representative from the risk management division of finance or when questioned by a police office at the scene of an accident; and
(6) Not voluntarily make any payment, assume or admit any liability, settle or agree to settle any claim or lawsuit, incur any expense or assume any obligation with respect to a claim or lawsuit, except upon advice and consent of the city attorney or risk management.
(b) The failure or refusal of a plan member to comply with any of the above requirements may be grounds for denial of coverage or legal representation under this article.
(Ord. 9943, § 1, passed 9-1-1987; Ord. 14934, § 3, passed 1-22-2002; Ord. 22767-06-2017, § 3, passed 6-20-2017)