2018 Maryland Code
Title 12 - Immunity and Liability
Subtitle 1 - Maryland Tort Claims Act
§ 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 $ 400,000 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.