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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
8/12/2020
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PERM
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2. to bodily injury or occupational disease to an employee while employed in violation of <br />law with the actual knowledge of the Covered Member; <br />3. to any obligation for which the Covered Member or any carrier as the Covered Member's <br />insurer may be held liable under any unemployment compensation or disability benefits <br />law, or under any similar law; <br />4. to bodily injury intentionally caused or aggravated by or at the direction of the Covered <br />Member; <br />5. to loss or damages arising out of the coercion, criticism, demotion, evaluation, <br />reassignment, discipline, defamation, harassment, humiliation, discrimination against or <br />termination of an employee or any personnel practices, policies, acts, or omissions; <br />6. to loss or damages arising out of operations for which the Covered Member has violated <br />or failed to comply with any Workers' Compensation Law; or <br />7. to punitive or exemplary damages, fines, or penalties assessed against or imposed upon <br />the Covered Member. <br />C. to claims involving a waiver of subrogation approved by a member after the date of injury, illness, or <br />disease that resulted in the claim. This exclusion shall not apply to a waiver of subrogation contained <br />in an agreement or contract that was approved by the Covered Member and the Authority prior to the <br />date of injury, illness, or disease that resulted in the claim; <br />D. to losses resulting from damages imposed in any lawsuit brought in, or any judgment rendered by any <br />court outside the United States of America, its territories or possessions, or Canada, or to any action on <br />such judgments, wherever brought; <br />E. to "bodily injury" covered by a protection and indemnity coverage or similar policy issued to or on <br />behalf of the Covered Member; or <br />F. to bodily injury or occupational illness or disease sustained by a peace officer, as defined in Section <br />50920 of the California Government Code, when he or she was off -duty, not acting under the <br />immediate direction of his or her employer, and outside the state of California. However, this exclusion <br />shall not apply to bodily injury or occupation disease sustained by a peace officer under such <br />circumstances if. <br />1. the peace officer at the time of sustaining the injury, illness, or disease was engaging in <br />the apprehension or attempted apprehension of law violators or suspected law violators, <br />the protection or preservation of life or property, or the preservation of the peace; and <br />2. prior to the occurrence, the governing board of the Covered Member has adopted a <br />resolution, as provided for in California Labor Code Section 3600.2, subdivision (b)(4), <br />accepting liability for such bodily injury or occupational illness or disease under the <br />Workers' Compensation Act. <br />PART SIX — CLAIMS <br />A. The Covered Member's Claims Reporting Duties <br />The Covered Member shall immediately notify the Authority in writing of any claim for potential coverage <br />under the Memorandum when the loss amount reaches a total incurred amount at 50% or more of the <br />Covered Member's retained limit stated in Item 3.a. of the Declarations Page. <br />Memorandum of Coverage Page 6 Effective July 1, 2019 <br />
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