HomeMy WebLinkAbout80-114
Corporation of the Town of Newcastle
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By-Law 80-114
A by-law to assume the liability of MEmbers of Council,
Officers, E1nployees, and Volunteers for claims arising out
of the use of their automobiles while on Municipal business.
WHEREAS manbers of Council, officers, persons Employed by the Town of
Newcastle, and persons volunteering to assist in Municipal activities are
sometimes called upon by the Town of Newcastle to use a motor vehicle with-
in the scope of their duties;
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AND WHEREAS these persons may not have any insurance coverage, or such
insurance coverage as they may have may not cover a liability imposed by
law upon thEm resulting fran bodily injury to or death of any person or
damage to property arising directly fran the use or operation of any
automobile not owned in whole or in part by or licenced in the name of the
Town of Newcastle, or where the insurance coverage of the employee, volunteer,
or manber of Council which does in fact cover the said liability imposed by
law for bodily injury to or death of any person or damage to property, may
not be adequate in amount to meet any judgEment against these persons;
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THEREFORE be it enacted that the Town of Newcastle assume the liability
imposed by law upon each and every one of its manbers of Council, employees,
or volunteers, for bodily injury to or death of any person or damage to
property arising directly fran the use or operation by such persons acting
wi thin their scope of duties with the Town of Newcastle, where the autamobile
is not owned in whole or in part by or licenced in the name of the Town of
Newcastle.
PROVIDED that the Town of Newcastle assumption of liability as set out above
in all circumstances is applicable only where:
(a) the member of the Council, officer, employee or volunteer does not
have insurance for the above said liability; or
(b) the said liability set out herein is not covered by insurance
which they have in force; or
( c) there is an excess of a judgement over the amount covered by their
personal insurance with respect to the said liability, in which
case the Town of Newcastle shall be responsible only for the excess
of the judgEment provided always that the Town of Newcastle
liability shall in no event exceed $3,000,000. for damages for
anyone occurrence or accident, or series of occurrences or
accidents resulting fran one cause.
READ a first, second and third time, and finally passed
this 22nd day of September A.D. 1980.
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SEAL