Regulation .03 Discretionary Payments.
Regulation .03 Discretionary Payments.LinkCopy Citation
A.
Within budgetary appropriations, the Treasurer may pay from the State Insurance Trust Fund all or part of that portion of a claim that exceeds the limits of purchased commercial insurance coverage obtained pursuant to Regulation .01 of this chapter under the following conditions:
(1)
The claim is consistent with the provisions of Regulation .02B and C of this chapter;
(2)
A judgment or settlement has been entered granting the claimant damages greater than the limits of the purchased commercial insurance obtained pursuant to Regulation .01 of this chapter;
(3)
A request for a discretionary payment is submitted to the Treasurer within 60 days of entry of the settlement or judgment described in §A(2) of this regulation; and
(4)
The Board of Public Works, with the advice and counsel of the Office of the Attorney General, has approved the discretionary payment.
B.
A discretionary payment of part of a settlement or judgment pursuant to §A of this regulation:
(1)
Does not abrogate the sovereign immunity of the State beyond the waiver provided in Regulation .02 of this chapter; and
(2)
Is subject to the monetary limits of Regulation .02D of this chapter.
C.
Pursuant to State Government Article, §12-501(b), Annotated Code of Maryland, a decision of the Board of Public Works under §A(4) of this regulation is not subject to judicial review.