2018 Maryland Code
State Government
Title 12 - Immunity and Liability
Subtitle 1 - Maryland Tort Claims Act
§ 12-103.2. Montgomery County
(a) "Tort claim" defined. -- In this section, "tort claim" means a tort claim filed in State court relating to the administration of a State program under Title 3, Subtitle 4 of the Human Services Article by the Montgomery County government.
(b) Treatment; parties. --
(1) A tort claim shall be considered, defended, settled, and paid in the same manner as any other claim covered by the Montgomery County Self-Insurance Fund.
(2) Under this section, whenever Montgomery County administers a State program under Title 3, Subtitle 4 of the Human Services Article, Montgomery County acts as a unit of the State, and any tort claim shall name the State of Maryland as the proper defendant.
(c) Extent of liability. -- Liability for a tort claim may not exceed the insurance coverage granted to units of State government under Title 9 of the State Finance and Procurement Article.
(d) Liability of State Treasurer. --
(1) The State Treasurer is not liable under ยง 9-107(c) of the State Finance and Procurement Article for a tort claim.
(2) For tort claims, the duties, responsibilities, and liabilities of the Treasurer under this subtitle shall be assumed by the Montgomery County Self-Insurance Fund with damages limited in accordance with subsection (c) of this section.
