A. The determination as to whether to make payment for loss under this chapter will be based upon the following criteria:
1. Whether an eligible applicant incurred an otherwise uninsured or uncovered damage or loss caused by power outages, disruptions or other damages related to the conveyance of power of the utility and where the applicant acted responsibly to avoid or mitigate the loss; and
2. If so, whether the extent of the loss has been adequately substantiated; and
3. If there is an unencumbered balance in the Risk Fund from which to pay.
B. The following will result in the denial of an application:
1. Application not timely submitted;
2. Loss fully covered by private insurance; the City will not reimburse private insurance carriers under this chapter;
3. Applicant otherwise ineligible under the terms of this chapter;
4. Loss caused by an irresponsible act of the applicant, applicant's agent, or member of applicant's business or household;
5. Loss caused by the intentional or negligent acts of third parties;
6. Loss or eligibility unsubstantiated; or
7. The loss was the result of a force majeure event, including, but not limited to, acts of God, acts of public enemies, insurrections, riots, war, landslides, lightning, earthquakes, fires, storms, floods, washouts, droughts, civil disturbances, explosions, acts of terrorism, sabotage, or any other similar cause or event not reasonably within the City's control.
C. The following will result in reduction of payment:
1. Loss partially covered by private insurance;
2. Loss exceeds funding limits of this chapter;
3. Verification of loss inadequate or incomplete;
4. Applicant did not cause the problem but failed to act responsibly to mitigate the loss. (Ord. 16-34)