Chapter 02. Maryland Tort Claims Act—Coverage and Limits
Regulation .01 Commercial Insurance.LinkCopy Citation
A.
Within budgetary appropriations and market availability, the Treasurer, in the Treasurer's sole discretion, may purchase commercial insurance to provide coverage, in whole or in part, under the Maryland Tort Claims Act.
B.
If the Treasurer elects to purchase commercial insurance under §A, above, the:
(1)
Policy limits, terms, and conditions of the commercial insurance shall determine coverage and establish the limitation of State liability; and
(2)
Payment limits, terms, and conditions applicable to the Treasurer's self-insurance program under this chapter shall determine the coverage and establish the limitation of State liability for purposes of the State's deductible or self-insured retention, if any, under this commercial insurance.
Regulation .02 Self-Insurance.LinkCopy Citation
A.
General. Within budgetary appropriations, the Treasurer may provide self-insurance to provide coverage under the Maryland Tort Claims Act for those incidents not covered by purchased commercial insurance obtained pursuant to Regulation .01.
B.
Coverage. Subject to §A, above, self-insurance shall provide coverage for a tortious act or omission of State personnel that:
(1)
Is within the scope of public duties of the State personnel; and
(2)
No element of which constitutes malice or gross negligence.
C.
Exclusions and Limitations. The Treasurer may not provide self-insurance coverage for:
(1)
Punitive damages;
(2)
Interest before judgment;
(3)
A claim that arises from the combatant activities of the State militia during a state of emergency;
(4)
A tortious act or omission of State personnel:
(a)
That is not within the scope of the public duties of the State personnel, or
(b)
An element of which constitutes malice or gross negligence; or
(5)
A cause of action that law specifically prohibits.
D.
Limits of Liability. Within total budgeted funds available for self-insurance coverage of tort claims, the limits of State liability shall be:
(1)
Subject to §D(2) of this regulation, $200,000 per claimant for all injury, loss, and damage to person and property arising from a single incident. For the purpose of determining the limits of liability under this subsection, all persons claiming damages resulting from:
(a)
Bodily injury to, or the death of, any one person shall be considered to be one claimant; and
(b)
Damage to or destruction of a single item of property shall be considered to be one claimant.
(2)
Such greater, lesser, or additional limits as otherwise may be established by the annual State Budget for incidents occurring during that fiscal year.
E.
No Waiver of Immunity. The sovereign immunity of the State is not waived for claims in excess of the limits set forth in §D of this regulation.
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.
Chapter annotations
Authority: State Finance and Procurement Article, §§9-104 and 9-105; State Government Article, §12-101 et seq; Annotated Code of Maryland
History: Effective date: July 2, 1984 (11:13 Md. R. 1178)
History: Chapter recodified from COMAR 25.02.01 to 25.02.02 effective as an emergency provision July 17, 1985 (12:16 Md. R. 1603); emergency status extended at 12:22 Md. R. 2102); adopted permanently effective November 4, 1985 (12:22 Md. R. 2109)
History: Chapter, State Insurance Trust Fund, repealed effective April 16, 1990 (17:7 Md. R. 853)
History: Regulations .01—.03, Maryland Tort Claims Act, adopted effective April 16, 1990 (17:7 Md. R. 853)
History: Regulation .02D amended effective January 12, 1998 (25:1 Md. R. 17); June 26, 2000 (27:12 Md. R. 1142)