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Session Laws, 1990 Session
Volume 436, Page 2403   View pdf image (33K)
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WILLIAM DONALD SCHAEFER, Governor Ch. 546

COUNTY OR MUNICIPAL CORPORATION WITHIN THE STATE SHALL HAVE
ALL THE IMMUNITIES FROM LIABILITY ENJOYED BY THEM WHILE
PERFORMING THEIR RESPECTIVE DUTIES WITHIN THE TERRITORIAL
LIMITS OF THE COUNTY OR MUNICIPAL CORPORATION.

5-329.

(A) THE MARYLAND-NATIONAL CAPITAL PARK AND PLANNING
COMMISSION MAY RAISE THE DEFENSE OF PARTIAL GOVERNMENTAL
IMMUNITY FOR ANY LIABILITY EXPOSURE:

(1) IN EXCESS OF INSURANCE LIMITS;

(2) IF PUNITIVE DAMAGES ARE SOUGHT; OR

(3) FOR ANY OTHER LIABILITY EXPOSURE NOT COVERED BY

INSURANCE.

(B) NOTHING IN THIS SECTION MAY BE CONSTRUED TO BE A
WAIVER OF THE MARYLAND-NATIONAL CAPITAL PARK AND PLANNING
COMMISSION'S TOTAL GOVERNMENTAL IMMUNITY.

(C) THIS SECTION IS INTENDED TO INCLUDE ALL CLAIMS PENDING
ON JUNE 1, 1978, PROVIDED THAT AN INSURANCE POLICY TO COVER
SUCH LIABILITY WAS IN EFFECT AT THE TIME THE CLAIM ACCRUED.

5-330.

IN THE ABSENCE OF FRAUD NO INSURANCE COMPANY OR PERSON
WHO FURNISHES INFORMATION ON ITS BEHALF IS LIABLE FOR
DAMAGES IN A CIVIL ACTION FOR ANY ORAL OR WRITTEN STATEMENT
MADE OR ANY OTHER ACTION TAKEN THAT IS NECESSARY TO SUPPLY
INFORMATION REQUIRED UNDER ARTICLE 38A, § 57(D) OF THE CODE.

5-331.

THE GOVERNOR BY EXECUTIVE ORDER MAY DECLARE THAT AN
EMERGENCY EXISTS IN THE MANNER DESCRIBED UNDER ARTICLE 41, §
2-104 OF THE CODE AND MAY ADOPT PROCEDURES OR LIMITATIONS
CONCERNING THE PAYMENT OR NONPAYMENT OF NEGOTIABLE
INSTRUMENTS, INCLUDING FEES IMPOSED, AND LIABILITY OR
IMMUNITY FOR WRONGFUL DISHONOR.

5-332.

UNLESS A SUBDIVISION OR MUNICIPALITY REQUESTS THE
APPOINTMENT OF AN INDIVIDUAL AS A SPECIAL POLICEMAN AND THE
REQUEST IS GRANTED AS PROVIDED IN ARTICLE 41, TITLE 4, SUBTITLE 9
OF THE CODE, THE STATE AND ANY SUBDIVISION OR MUNICIPALITY OF
THE STATE MAY NOT BE LIABLE OR ACCOUNTABLE IN ANY WAY FOR
ANY ACT OR OMISSION BY AN INDIVIDUAL APPOINTED AS A SPECIAL
POLICEMAN UNDER ARTICLE 41, TITLE 4, SUBTITLE 9 OF THE CODE.

- 2403 -


 

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Session Laws, 1990 Session
Volume 436, Page 2403   View pdf image (33K)
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