The amount of damages recoverable against the City and any public employee for death, personal injury or property damage arising out of a single occurrence, or sequence of occurrences shall be limited as follows:
(a) When the City or public employee has insurance coverage for an occurrence or sequence of occurrences, payment of claims and judgments in which the City or a public employee is or may be liable and obligated to pay may be made to the extent insurance proceeds or insurance indemnification is available and payable, in addition to any deductibles or self-insurance retention required by applicable insurance contracts.
(b) When the City or public employee has no insurance coverage relative to an occurrence or sequence of occurrences, the extent to which the City and public employee are obligated to pay damages shall be as follows:
(1) When the City and public employee is or may be jointly or severally liable for actions in tort under Ohio R.C. 723.01, 701.02 or other statute, or combination of statutory and nonstatutory bases, a sum not in excess of two hundred and fifty thousand dollars ($250,000) per person and five hundred thousand dollars ($500,000) per occurrence, provided unencumbered funds are available and have been appropriated for such payment;
(2) When the City or public employee is or may be, jointly or severally, liable for actions in tort based solely on a nonstatutory basis, a sum not in excess of two hundred fifty thousand dollars ($250,000) per person and five hundred thousand dollars ($500,000) per occurrence, provided unencumbered funds are available and have been appropriated for such payment;
(3) The aggregate liability of the City for a single accident or occurrence. or sequence of accidents or occurrences, shall be apportioned equitably among all claimants and judgment holders therefor.
(Ord. 139-1985. Passed 9-23-85. )