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AUTHORITY
State Insurance Program
Title 9 of the State Finance and Procurement Article establishes
a State Insurance Program and a State Insurance Trust Fund.
The Treasurer is responsible for the Program and for administration
of the Trust Fund.
The State Insurance Program calls for providing and administering
purchased insurance and self-insurance for the State on State
property, as required by law or trust agreements, and against
other risk or commitment of the State.
Maryland Tort Claims Act
Title 12 of the State Government Article provides immunity
for State employees acting in their official capacity and
waives the immunity of the State and of it units as to a
tort action, in a court of the State, to the extent of insurance
coverage under Title 9 of the State Finance and Procurement
Article. If the tortuous act or omission is within the scope
of their public duties and is made without malice or gross
negligence, State personnel are immune from suits in courts
of the State. The Treasurer is charged with the responsibility
for receiving and disposing of the claims allowed under this
title after consultation with, and if necessary, representation
by, the State's Attorney General in legal actions.
Delegation of Authority
A. State
The Treasurer has, generally, delegated the State
Insurance Program and the handling of claims under
the Tort Claims Act to the Insurance Division of
the State Treasurer's Office.
Generally, the State Treasurer's Office also has procurement
authority for all State of Maryland insurance, including
those insurance services required by the University.
Therefore, all insurance needs of the University
must be addressed and/or procured through the Insurance
Division of the Office of the State Treasurer.
If there is a conflict between the State Treasurer's
Office and the State agency as to the amount and
whether or not the insurance is needed, the final
decision will rest with the State Treasurer's Office.
B. The University
PROCUREMENT OF INSURANCE
All inquiries related to the procurement of specialized insurance
coverage must be coordinated through the Risk Management
Division in conjunction with the Office of Procurement and
Supply. A variety of exceptional coverage may be obtained
for unusual or specialized activities such as protection
for "Fine Arts Collections" and coverage for "Lessors
of State Facilities." Since these types of policies
are exceptional, they may require a continuing or one time
premium payment by the requesting department. Inquiries related
to procurement should be made to:
Jeff Kiefer
Associate Director
410.706.7034 (voice)
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Risk Management Division
Environmental Health and Safety
714 West Lombard Street
Baltimore, MD 21201
410.706.8212 (fax)
CLAIMS PROCESSING
All inquiries related to reporting an incident, investigation
of the incident, filing a claim, damage or loss mitigation,
authorization for actions necessary to replace or repair
damaged property, resolution of the claims with the injured
parties or their representatives, and coordination of support
provided by the Claims Unit Insurance Division of the State
Treasurer's Office or the Office of the Attorney General
must be coordinated with Risk Management as noted above.
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