1514                                        LAWS OF MARYLAND                                    Ch. 396

(a)  Subject to the exclusions and limitations in this
subtitle, the immunity of the State and of its units is waived as
to a tort action, in a court of the State, to the extent of
insurance coverage under [Article 95, § 27(d) of the Code.] TITLE

9 OF THE STATE FINANCE AND PROCUREMENT ARTICLE.

(b)  Immunity is not waived under this section 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)  any tortious act or omission of State personnel
that:

(i) is not within the scope of the public
duties of the State personnel; or

(ii) is made with malice or gross negligence;
or

(5)  a cause of action that law specifically
prohibits.

(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] TITLE 9 OF THE STATE FINANCE AND PROCUREMENT ARTICLE 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] TITLE 9 OF THE STATE

FINANCE AND PROCUREMENT ARTICLE; 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).

12-107.

(a) A claim under this subtitle shall: