2013 Maryland Code
LAND USE
§ 15-114 - Powers and duties -- Insurance.

§15-114.

(a) The Commission shall establish an adequate comprehensive insurance program.

(b) (1) The comprehensive insurance program shall provide:

(i) compensation for personal injury or death or property damage resulting from negligence, malpractice, or any other civil or tortious act or omission of the Commission, or of its commissioners, employees, and agents acting within the scope of their duties and without malice or gross negligence; and

(ii) protection for property of the Commission and for officials and employees acting within the scope of their duties, including a comprehensive workers’ compensation program.

(2) The Commission may purchase any other liability insurance the Commission considers necessary.

(c) The Commission may establish a program of group health, life, hospitalization, and disability insurance by purchasing insurance coverage from insurance companies authorized to do business in the State and, except for disability insurance, not by self-insurance.

(d) (1) The insurance required under subsection (b) of this section and the disability insurance authorized under subsection (c) of this section may be provided by:

(i) purchasing insurance coverage from insurance companies authorized to do business in the State;

(ii) a self-insurance program; or

(iii) a combination of purchased insurance coverage and self-insurance.

(2) If a self-insurance program is established and funded to cover all or part of the insurance required under subsection (b) of this section:

(i) the Commission shall adopt rules and regulations for the administration of the program; and

(ii) funding for the program shall be included in the annual operating budget.

(3) The insurance program established by the Commission shall provide for:

(i) defense of claims; and

(ii) compensation for damages.

(4) Within the limits of appropriations for the insurance program, the Commission may:

(i) engage necessary claims investigators and adjustors; and

(ii) provide for the defense and settlement of claims and payment of judgments.

(e) (1) Subject to paragraph (3) of this subsection, the Commission may cooperate with and enter into agreements to obtain and provide insurance coverage in the most economical manner with:

(i) Montgomery County;

(ii) Prince George’s County;

(iii) both Montgomery County and Prince George’s County; or

(iv) subject to the approval of the county government of a county affected by the agreement, other units of government.

(2) An agreement under paragraph (1) of this subsection may provide for any type of insurance protection, including:

(i) public liability;

(ii) group health, life, hospitalization, and disability;

(iii) real and personal property; and

(iv) workers’ compensation.

(3) This subsection does not authorize the Commission to establish a self-insurance program for group health, life, and hospitalization insurance.

(f) (1) Subject to paragraphs (2) and (3) of this subsection, a payment made to a police officer employed by the Commission for an illness or injury received in the line of duty in accordance with any disability program or disability insurance program authorized under this section is considered in the nature of workers’ compensation.

(2) A payment described in this subsection is independent of any payment made under the Maryland Workers’ Compensation Act.

(3) This subsection does not affect:

(i) the offset provision under § 9-610 of the Labor and Employment Article; or

(ii) the presumption of a police officer’s entitlement to benefits under § 9-503 of the Labor and Employment Article.