“Actual damages” means the ascertainable loss of money or property sustained as a result of bodily injury, personal injury or property damage; provided, that the policy covers such injury.

“Claimant” means a natural person who believes they have suffered a compensable injury and by, or on whose behalf, a formal written claim is submitted to the Gaming Authority. Any act required of a claimant may be performed by the claimant’s legal counsel, person with the claimant’s power of attorney, or the claimant’s authorized representative.

“Compact” means the tribal-state gaming compact between the state of California and Wilton Rancheria, effective January 22, 2018, as may be amended from time to time.

“Compensable injury” or “compensable injuries” means bodily injury, personal injury, or property damage arising out of, connected with, or relating to the operation of the Gaming Authority, gaming facility, or gaming activities, including from entry onto the Tribe’s land for purposes of patronizing the gaming facility or providing goods or services to the gaming facility, which results in actual damages, and was actually and proximately caused by the negligent, reckless, or intentional act of an official, employee, or other person who is directly subject to the Gaming Authority’s direction, supervision, or control.

“Determination” means the final written resolution of the tribal dispute process, whether provided by the Gaming Authority, the Gaming Authority’s insurance carrier, or other designee.

“Director of Customer Care” means the natural person designated by the Gaming Authority to administer allegations of bodily injury, personal injury or property damage filed under this chapter and to work with the Gaming Authority’s insurance carrier as necessary to resolve the same. Director of Customer Care includes without limit those persons who work for the Director of Customer Care and his or her designees. The title Director of Customer Care is used for convenience in this chapter and the employee responsible for the duties described in this chapter may go by a different title.

“Employee” means a person who is employed by the Gaming Authority in connection with, or relating to, gaming activities provided at the gaming facility, over which the Gaming Authority has the power or right to control and direct such person in return for which that person receives a salary or wages directly from, or on behalf of, the Gaming Authority.

“Formal written claim” means the formal written notice a claimant must provide to the Gaming Authority after receipt of a notice of tribal dispute process, as provided in Section 10-303(C).

“Gaming activities” means the Class III gaming activities authorized under the compact that occur on Indian lands over which the Tribe exercises jurisdiction.

“Gaming Authority” means the Wilton Rancheria Gaming Authority, an arm and instrumentality of the Tribe, chartered by the Tribal Council under tribal law. For the purposes of this chapter, the term “gaming operation” in Section 12.5 of the compact has the same meaning as Gaming Authority herein.

“Gaming facility” means any building in which gaming activities occur and all rooms, buildings and areas, including parking lots and walkways, a principal purpose of which is to serve the gaming activities of the Gaming Authority.

“Guidelines” means the policies and procedures manual referenced in Section 10-301.

“Insurance carrier” means the company that provides the Gaming Authority’s policy or policies, processes claims under the policy or policies, and that has been delegated responsibility by the underwriter for adjusting claims, including the evaluation of whether a claimant has suffered bodily injury, personal injury or property damage that may be a compensable injury.

“Judgment” means an order of the Tribal Court, the Tribal Court Appellate Panel, or JAMS arbitrator resolving the claimant’s formal written claim.

“Notice of tribal dispute process” means the written notice the Gaming Authority provides to a prospective claimant upon learning they might have suffered bodily injury, personal injury or property damage that may be a compensable injury.

“Policy” or “policies” means the commercial general liability insurance policy referred to in Section 12.5(a) of the compact.

“Prohibited remedies and fees” means types of awards that are not allowed in the resolution of claims against the Gaming Authority and includes: equitable relief (including without limit injunctive or declaratory relief), consequential damages, incidental damages, damages for emotional distress, damages for loss of consortium, attorney’s fees or costs, expert fees, witness fees, discovery-related fees, interpreter fees, court reporter fees, prejudgment interest, liens, and attachment remedies.

“Punitive damages” means punitive, exemplary or treble damages, disproportionate damages for pain and suffering and mental anguish, third party damages or other forms of excessive and/or indirect damages.

“State” means the state of California.

“Tribal Council” means the legislative branch of the Tribe as set forth and provided for under Article VI of the Constitution.

“Tribal Court” means the judicial branch of the Tribe as set forth and provided for under Article VIII of the Constitution.

“Tribal Court Appellate Panel” means the Tribal Court panel for appellate review authorized by Article VIII, Section 7 of the Constitution.

“Tribal dispute process” means the Tribe’s informal and formal administrative processes as outlined in Article III of this chapter for resolving claims of bodily injury, personal injury or property damage that may be a compensable injury.

“Tribe” means Wilton Rancheria, a federally recognized Indian tribe.

“Written notice of injury” means a written notice provided by a prospective claimant or their representative to the Gaming Authority that the prospective claimant has suffered bodily injury, personal injury or property damage that may be a compensable injury. (Res. 2021-22)