WILLIAM DONALD SCHAEFER, Governor                   Ch. 594

(C) NOTWITHSTANDING THE OTHER PROVISIONS OF THIS SECTION,
UNLESS THE DEFENDANT CAN AFFIRMATIVELY SHOW THAT ITS DEFENSE HAS
BEEN PREJUDICED BY LACK OF REQUIRED NOTICE, UPON MOTION AND FOR
GOOD CAUSE SHOWN THE COURT MAY ENTERTAIN THE SUIT EVEN THOUGH THE
REQUIRED NOTICE WAS NOT GIVEN.

Article 25A - Chartered Counties of Maryland

5.

The following enumerated express powers are granted to and
conferred upon any county or counties which hereafter form a
charter under the provisions of Article XI-A of the Constitution,
that is to say:

[(CC)

To provide by ordinance or inclusion in the county charter
for the waiver of sovereign immunity so that the county may be
sued in tort actions in the same manner and to the same extent
that any private person may be sued. Any chartered county
enacting legislation or otherwise waiving sovereign immunity
under this subsection shall carry comprehensive liability
insurance to protect itself, its agents and its employees. The
purchase of this insurance shall be considered as for a public
purpose and as a valid public expense. The liability of any
county under this subsection may not be greater than $250,000 or
the amount of its insurance coverage, whichever is greater, per
individual per occurrence. A county which has adopted legislation
or otherwise availed itself of the powers contained in this
subsection may raise the defense of sovereign immunity to any
amount in excess of the limit of its insurance coverage. In any
case, the several counties or any county availing itself of the
privileges of this subsection may not raise the defense of
sovereign immunity in any claim of less than $250,000 or the
amount of its insurance coverage, whichever is greater.]

SECTION 2. AND BE IT FURTHER ENACTED, That any provision or
portion of a statute, law, ordinance, or charter provision
enacted by a local government which is inconsistent with any
provision of this Act is repealed.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act applies
only to actions arising from events occurring on or after the
effective date of this Act.

SECTION 4. AND BE IT FURTHER ENACTED, That every insurer
providing liability insurance to a local government, as defined
in this Act, in this State shall submit to the Insurance
Commissioner information on the nature and cost of reinsurance,

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