|
HARRY HUGHES, Governor 2685
[(d) The limitations on liability under subsection (c)(3)
and (4) of this section do not affect the authority of the
Treasurer to provide insurance, in any amount, under the State
Insurance Program.]
(C) (1) THE TREASURER MAY PAY FROM THE STATE INSURANCE
TRUST FUND ALL OR PART OF THAT PORTION OF A TORT CLAIM WHICH
EXCEEDS THE COVERAGE OBTAINED UNDER ARTICLE 95, § 27(D) OF THE
CODE UNDER THE FOLLOWING CONDITIONS:
(I) THE TORT CLAIM IS ONE FOR WHICH THE STATE
AND ITS UNITS HAVE WAIVED IMMUNITY UNDER SUBSECTIONS (A) AND (B);
(II) A JUDGMENT OR SETTLEMENT HAS BEEN ENTERED
GRANTING THE CLAIMANT DAMAGES TO THE FULL AMOUNT OF COVERAGE
UNDER ARTICLE 95, § 27(D) OF THE CODE; A AND
(III) THE BOARD OF PUBLIC WORKS, WITH THE
ADVICE AND COUNSEL OF THE ATTORNEY GENERAL, HAS APPROVED THE
PAYMENT.
(2) ANY PAYMENT OF PART OF A SETTLEMENT OR JUDGMENT
UNDER THIS SUBSECTION DOES NOT ABROGATE THE SOVEREIGN IMMUNITY OF
THE STATE OR ANY UNITS BEYOND THE WAIVER PROVIDED IN SUBSECTIONS
(A) AND (B).
(3) A DECISION OF THE TREASURER AND THE BOARD OF
PUBLIC WORKS UNDER THIS SUBSECTION IS NOT SUBJECT TO JUDICIAL
REVIEW.
12-105.
(A) STATE PERSONNEL ARE IMMUNE FROM SUIT IN COURTS OF THE
STATE AND FROM LIABILITY IN TORT FOR A TORTIOUS ACT OR OMISSION
THAT IS WITHIN THE SCOPE OF THE PUBLIC DUTIES OF THE STATE
PERSONNEL AND IS MADE WITHOUT MALICE OR GROSS NEGLIGENCE, AND FOR
WHICH THE STATE OR ITS UNITS HAVE WAIVED IMMUNITY UNDER THIS
SUBTITLE, EVEN IF DAMAGES EXCEED THE LIMITS OF THAT WAIVER.
(B) IF AN ACTION UNDER THIS SUBTITLE INVOLVES THE ACTS OR
OMISSIONS OF STATE PERSONNEL, ANY ISSUE AS TO WHETHER STATE
PERSONNEL WERE ACTING IN THE SCOPE OF PUBLIC DUTIES OR WITH
MALICE OR GROSS NEGLIGENCE MAY BE TRIED SEPARATELY.
[12-105.] 12-106.
(a) This section does not apply to a claim that is asserted
by cross-claim or counterclaim.
(b) A claimant may not institute an action under this
subtitle unless:
(1) the claimant submits a written claim to the
Treasurer or a designee of the Treasurer WITHIN 180 DAYS AFTER
|
