Section 12-104 - Waiver of immunity. - Maryland Statutes

§ 12-104. Waiver of immunity.
 

(a)  In general.-  

(1) Subject to the exclusions and limitations in this subtitle and notwithstanding any other provision of law, 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 provided under paragraph (2) of this subsection. 

(2) The liability of the State and its units may not exceed $200,000 to a single claimant for injuries arising from a single incident or occurrence. 

(b)  Exclusions and limitations.- Immunity is not waived under this section as described under § 5-522(a) of the Courts and Judicial Proceedings Article. 

(c)  Payment of claims exceeding coverage.-  

(1) The Treasurer may pay from the State Insurance Trust Fund all or part of that portion of a tort claim which exceeds the limitation on liability established under subsection (a)(2) of this section 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) of this section; 

(ii) a judgment or settlement has been entered granting the claimant damages to the full amount established under subsection (a)(2) of this section; 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) of this section. 
 

[CJ §§ 5-401, 5-403, 5-404; An. Code 1957, art. 95, § 27; 1984, ch. 284, § 1; 1985, ch. 538, § 2; 1986, ch. 5, § 1; ch. 396, § 1; 1990, ch. 546, § 3; 1995, ch. 437, § 2; 1997, ch. 14, § 20; 1999, ch. 639.]