1. Except as provided in subsection 3 of this section, moneys in the Missouri public entity risk management fund shall not be available to pay the following:

(1) Claims made under chapter 287;

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(2) Fines or penalties threatened or imposed for violation of any civil or criminal statute, administrative regulation or county or municipal ordinance;

(3) Attorney’s fees and expenses incurred in the defense of charges that criminal statutes or county or municipal ordinances were violated;

(4) Claims against any participating public entity or officer or employee of a participating public entity which were brought by or rendered in favor of any participating public entity or officer or employee of a participating public entity acting in an official capacity;

(5) Claims against those who are independent contractors with a participating public entity, its officers or employees;

(6) Claims against participating public entities, its officers or employees who fail to cooperate with the persons conducting any investigation and preparing any defense as required by section 537.745.

2. No payment shall be made from the fund or any policy of insurance procured by the fund unless and until the benefits provided to pay the claim by any other policy of liability insurance have been exhausted.

3. The fund may be available to pay claims on behalf of public entities to whom or to which a public entity participating in the Missouri public entity risk management fund is obligated by virtue of a written contract to provide coverage such as is afforded in the contract, consistent with rules promulgated by the board of trustees of the Missouri public entity risk management fund.