§ 10-181.01. Persons covered.

(a)

In any suit or claim brought against an officer, agent or employee the Risk Management Fund shall extend coverage to such officer, employee, or agent if:

(1)

The action was taken in performance of his duties or within his authorized official capacity as determined by a court of competent jurisdiction or determined by the Risk Management Committee;

(2)

The action of the officer, employee, or agent was without malice; and

(3)

The officer, employee, or agent shall cooperate with counsel for the Risk Management Fund and assist in the conduct of suits and enforcement of any right of contribution or indemnity against any person or organization who may be liable to such officer, employee, or agent. The officer, employee, or agent shall attend hearings, depositions, and trials and assist in securing and giving evidence as required by counsel for the Risk Management Fund. Failure to cooperate with counsel for the Risk Management Fund that prejudices the Risk Management Fund shall be grounds to deny coverage to an officer, employee, or agent at the discretion of the Risk Management Committee.

(b)

In the case of a claim arising from damages alleged to have been caused as a result of the ownership, possession, custody, maintenance, or use of a dog, utilized for police or patrol purposes, the member responsible for such dog shall be extended coverage.

(c)

In the case of a claim against the driver of a motor vehicle insured by the Risk Management Fund, the driver shall be covered if the driver had express or implied authority to use the motor vehicle at the time of the incident giving rise to the claim. The fact that the driver may have exceeded the scope of his authority shall not relieve the fund from extending coverage.

(d)

The limitations of this Section shall not limit any coverage provided by the Risk Management Fund to a member pursuant to Section 10-174(e).

(CB-31-1983)