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§ 24-509. Liability insurance and immunity

West's Annotated Code of MarylandEducation

West's Annotated Code of Maryland
Education (Refs & Annos)
Division IV. Other Education Provisions [Titles 21-End] (Refs & Annos)
Title 24. Miscellaneous Education Agencies (Refs & Annos)
Subtitle 5. Historic ST. Mary's City Commission (Refs & Annos)
Part II. Powers and Duties of the Commission
MD Code, Education, § 24-509
§ 24-509. Liability insurance and immunity
Currentness
Comprehensive liability insurance
(a) The Commission may obtain and carry comprehensive liability insurance to protect the Commission, its employees, and agents. The determination whether to purchase insurance, and its scope and limitations, shall be within the Commission's discretion, taking into account commercial availability and affordability and the existence and extent of insurance secured by the State Treasurer.
Application of Maryland Tort Claims Act
(b)(1) Title 12, Subtitle 1 of the State Government Article (Maryland Tort Claims Act1) applies to claims or actions against the Commission, its members, agents, and employees.
(2) Subject to all exclusions and limitations in Title 12, Subtitle 1, the immunity of the Commission is waived to the extent of any insurance coverage, if any, purchased under this section.
Sovereign immunity
(c) Nothing in this section shall be construed to waive or abrogate sovereign immunity with respect to any claim that is not covered by or exceeds the limits of an insurance policy.
Immunity of Commission under Eleventh Amendment
(d) Nothing in this section shall be construed to waive or abrogate the immunity of the Commission under the Eleventh Amendment to the United States Constitution.

Credits

Added by Acts 1997, c. 583, § 1, eff. July 1, 1997.

Footnotes

1
State Government, § 12-101 et seq.
MD Code, Education, § 24-509, MD EDUC § 24-509
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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