§ 10-202 Limitations and exclusions.
A. The Gaming Authority reserves all rights, claims, and defenses available to any defendant under California tort law. With respect to claims in excess of, or outside the scope of, the policy, the Gaming Authority shall be entitled to assert any defense based on sovereign immunity that would otherwise have been available to the Gaming Authority.
B. Compensable injuries shall be limited to:
1. Those causes of action and remedies (a) expressly created by this chapter or (b) that are within the scope of the Tribe’s limited waiver of the Gaming Authority’s sovereign immunity.
2. The type of bodily injury, personal injury, and property damage that (a) would be considered actionable in tort were it to arise under the laws of the state of California and (b) that is susceptible of being covered by the policy.
C. In no event shall the Gaming Authority be held liable for damages in excess of ten million dollars ($10,000,000.00). Money damages are only available to claimants to the extent that such damages are actual damages, to the extent they are covered by the policy, and to the extent they do not include punitive damages or prohibited remedies and fees.
D. No assets, other than those of the policy, may be the subject of, or used to satisfy, a determination, judgment, or any other award under this chapter, and such determination, judgment, or other award shall be limited to only those proceeds actually available for paying claims under the policy.
E. This chapter does not provide any remedy or forum for:
1. Any alleged injury, whether based on tort, contract, statutory or other grounds, allegedly sustained by a tribal officer, member or potential member of the Tribe, employee, independent contractor, outside consultant, volunteer, intern, or vendor, regardless of whether the alleged injury occurred in connection with his or her employment, performance of official duties, or otherwise.
2. Any employment-related claims or work-related injuries of employees, former employees, volunteers, interns, or contractors of the Gaming Authority, of the Tribe, or of any other instrumentality, corporation, entity, agency, board, commission, department, or authority of the Tribe.
3. Any alleged injuries directly and proximately caused by a visitor or patron of the gaming facility, or an act or omission of any person other than an officer or employee of the Gaming Authority, or of a person who is directly subject to the Gaming Authority’s direction, supervision, or control.
4. Any alleged compensable injury that occurred more than one hundred eighty (180) days prior to the submission of the written notice of injury unless excused pursuant to Section 10-304(B)(5).
5. Claims against the Gaming Authority for equitable indemnity or contribution arising from, or related to, third-party litigation.
6. Claims arising from actual or prospective contractual agreements regardless of the parties or prospective parties thereto.
7. Claims arising from the issuance, denial, suspension, or revocation of, or the failure to issue, deny, suspend, or revoke, any permit, license, certificate, approval, order, or similar authorization. (Res. 2021-22)