WILLIAM DONALD SCHAEFER, Governor Ch. 546

ARISING FROM THE OPERATION OF A MOTOR VEHICLE EXCEPT AS TO
ANY CLAIM FOR DAMAGES IN EXCESS OF THE LIMITS OF ANY
APPLICABLE POLICY OF MOTOR VEHICLE LIABILITY INSURANCE.

(3) (I) SUBJECT TO SUBPARAGRAPH (II) OF THIS
PARAGRAPH, A MUNICIPAL CORPORATION SHALL PROVIDE A DEFENSE
FOR AN OFFICIAL OF THE MUNICIPAL CORPORATION FOR ANY ACT
ARISING WITHIN THE SCOPE OF THE OFFICIAL'S EMPLOYMENT OR
AUTHORITY.

(II) A MUNICIPAL CORPORATION SHALL ONLY PROVIDE A
DEFENSE FOR AN OFFICIAL OF THE MUNICIPAL CORPORATION FOR
NEGLIGENCE OR ANY OTHER TORT ARISING FROM THE OPERATION OF
A MOTOR VEHICLE AS TO ANY CLAIM FOR DAMAGES IN EXCESS OF THE
LIMITS OF ANY APPLICABLE POLICY OF MOTOR VEHICLE LIABILITY
INSURANCE.

5-322.

(A) UNLESS OTHERWISE SPECIFICALLY PROVIDED BY LAW, IN AN
ACTION IN CONTRACT DESCRIBED UNDER ARTICLE 25, § 1A OF THE
CODE, A COUNTY GOVERNED BY COUNTY COMMISSIONERS AND
ORGANIZED ACCORDING TO THE PROVISIONS OF ARTICLE 25 OF THE
CODE, OR ITS OFFICER, DEPARTMENT, AGENCY, BOARD, COMMISSION,
OR OTHER UNIT OF COUNTY GOVERNMENT, IS NOT LIABLE FOR
PUNITIVE DAMAGES.

(B) AN OFFICER OR DIRECTOR OF A PUBLIC DRAINAGE
ASSOCIATION OR PUBLIC WATERSHED ASSOCIATION, WHILE ACTING IN
A DISCRETIONARY CAPACITY, WITHOUT MALICE, AND WITHIN THE
SCOPE OF THE OFFICER'S OR DIRECTOR'S EMPLOYMENT OR AUTHORITY
IS IMMUNE AS AN OFFICIAL OR INDIVIDUAL FROM CIVIL LIABILITY FOR
ANY ACT OR OMISSION.

5-323.

UNLESS OTHERWISE SPECIFICALLY PROVIDED BY LAW, IN AN
ACTION IN CONTRACT DESCRIBED UNDER ARTICLE 25A, § 1A OF THE
CODE, A CHARTERED COUNTY, OR ITS OFFICER, DEPARTMENT, AGENCY,
BOARD, COMMISSION, OR OTHER UNIT OF GOVERNMENT, IS NOT LIABLE
FOR PUNITIVE DAMAGES.

5-324.

UNLESS OTHERWISE SPECIFICALLY PROVIDED BY LAW, IN AN
ACTION IN CONTRACT DESCRIBED UNDER ARTICLE 25B, § 13A OF THE
CODE, A CODE COUNTY, OR ITS OFFICER, DEPARTMENT, AGENCY,
BOARD, COMMISSION, OR OTHER UNIT OF COUNTY GOVERNMENT, IS
NOT LIABLE FOR PUNITIVE DAMAGES.

- 2401 -