§ 30.20 EXCLUSIONS.

   Coverage under this plan does not apply to a claim or lawsuit that is brought against a plan member as follows.

   (A)   By the city.

   (B)   Arising out of the intentional, knowing or criminally negligent violation of a penal statute or ordinance, committed by or with the knowledge or consent of the plan member or any claim arising out of acts of fraud committed by or at the direction of the plan member with intent to deceive or defraud.

   (C)   Arising out of the gross negligence of the plan member; except, the city will defend the plan member when gross negligence is alleged in a claim or lawsuit.

   (D)   Arising while the plan member is operating a city vehicle with no authority to operate the vehicle.

   (E)   For liability assumed by the plan member under a contract, unless the contract is entered into at the request of the city.

   (F)   If the plan member joins or attempts to join with the suit against the plan member a claim against the city for benefits under this plan.

   (G)   If the plan member fails to comply with §§ 30.21 or 30.23 of this subchapter.

('78 Code, § 13-55) (Ord. 989, passed 1-24-94)