# State Government (GSG)

## Title 12. Immunity and Liability

### Subtitle 1. Maryland Tort Claims Act

#### Section 12-103.2

(a) In this section, "tort claim" means a tort claim filed in State court relating to the administration of a State program under Title 3, Subtitle 4 of the Human Services Article by the Montgomery County government.

(b)

  (1) A tort claim shall be considered, defended, settled, and paid in the same manner as any other claim covered by the Montgomery County Self-Insurance Fund.

  (2) Under this section, whenever Montgomery County administers a State program under Title 3, Subtitle 4 of the Human Services Article, Montgomery County acts as a unit of the State, and any tort claim shall name the State of Maryland as the proper defendant.

(c) Liability for a tort claim may not exceed the insurance coverage granted to units of State government under Title 9 of the State Finance and Procurement Article.

(d)

  (1) The State Treasurer is not liable under Sec. 9-107(c) of the State Finance and Procurement Article for a tort claim.

  (2) For tort claims, the duties, responsibilities, and liabilities of the Treasurer under this subtitle shall be assumed by the Montgomery County Self-Insurance Fund with damages limited in accordance with subsection (c) of this section.

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Md. Code Ann., State Gov't (as displayed at mgaleg.maryland.gov, October 16, 2026)