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Session Laws, 1988
Volume 770, Page 5464   View pdf image
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VETOES
4-105.

(a)  Each county board shall carry comprehensive liability
insurance to protect the board and its agents and employees. The
purchase of this insurance is a valid educational expense.

(b)  The State Board shall establish standards for these
insurance policies, including a minimum liability coverage of not
less than $100,000 for each occurrence. The policies purchased
under this section shall meet these standards.

(c)  (1) A county board complies with this section if it:

(I)  is INDIVIDUALLY self-insured for at least
$100,000 for each occurrence under the rules and regulations
adopted by the State Insurance Commissioner; OR

(II)  POOLS WITH OTHER PUBLIC ENTITIES FOR THE
PURPOSE OF SELF-INSURING PROPERTY OR CASUALTY RISKS UNDER ARTICLE
48A, § 482B OF THE CODE.

(2)  A county board that INDIVIDUALLY elects to
self-insure INDIVIDUALLY under this subsection periodically shall
file with the State Insurance Commissioner, in writing, the terms
and conditions of the self-insurance.

(3)  The terms and conditions of this INDIVIDUAL
self-insurance:

(i) Are subject to the approval of the State
Insurance Commissioner; and

(ii) Shall conform with the terms and
conditions of comprehensive liability insurance policies
available in the private market.

(d)  (1) A county board may raise the defense of sovereign
immunity to any amount claimed above the limit of its insurance
policy or, if self-insured OR A MEMBER OF A POOL ESTABLISHED
UNDER ARTICLE 48A, § 482B OF THE CODE, above $100,000.

(2) A county board may not raise the defense of
sovereign immunity to any claim of $100,000 or less.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1988.

- 5464 -

 

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Session Laws, 1988
Volume 770, Page 5464   View pdf image
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