1420

LAWS OF MARYLAND

Ch. 284

(5)  THE NEGLIGENT MAINTENANCE OR USE, BY STATE
PERSONNEL, OF ANY PROPERTY THAT THE STATE OR ANY OF ITS UNITS
OWNS OR POSSESSES;

(6)  A DEFECTIVE, UNSAFE, OR DANGEROUS CONDITION OF A
STREET, ALLEY, SIDEWALK, OR HIGHWAY THAT THE STATE OR ANY OF ITS
UNITS OWNS AND CONTROLS, IF THE STATE OR THE UNIT HAD
CONSTRUCTIVE OR ACTUAL NOTICE OF THE CONDITION; OR

(7)  THE NEGLIGENT FAILURE OF STATE PERSONNEL TO
SUPERVISE PROPERLY AN ACTIVITY AT A STATE PARK OR STATE
RECREATION FACILITY.

(B)  INSURANCE LIMIT.

IMMUNITY IS WAIVED UNDER THIS SECTION ONLY TO THE EXTENT OF
COVERAGE UNDER THE STATE INSURANCE PROGRAM.

(C)  EXCLUSIONS AND LIMITATIONS.

IMMUNITY IS NOT WAIVED UNDER THIS SECTION FOR:

(1)  PUNITIVE DAMAGES;

(2)  INTEREST BEFORE JUDGMENT;

(3)  AN INDIVIDUAL CLAIM IN EXCESS OF $100,000;

(4)  TOTAL CLAIMS THAT ARISE FROM THE SAME OCCURRENCE
IN EXCESS OF $500,000;

(5)  A CLAIM THAT ARISES FROM THE COMBATANT ACTIVITIES
OF THE STATE MILITIA DURING A STATE OF EMERGENCY; OR

(6)  A CAUSE OF ACTION THAT LAW SPECIFICALLY
PROHIBITS.

(D)  EFFECT OF LIMITATIONS.

THE LIMITATIONS ON LIABILITY UNDER SUBSECTION (C)(3) AND (4)
OF THIS SECTION DO NOT AFFECT THE AUTHORITY OF THE TREASURER TO
PROVIDE INSURANCE, IN ANY AMOUNT, UNDER THE STATE INSURANCE
PROGRAM.

REVISOR'S NOTE: This section is new language derived
without substantive change from former CJ §§ 5-401(b)
and (e), 5-403, and 5-404(a)(l) and former Art. 95, §
27(e).

The introductory language of subsection (a) of this
section, "[s]ubject to the exclusions and limitations
in this subtitle," is substituted for the former,
limited reference to CJ § 5-403(b) — now subsection
(c) of this section -- which failed to reflect other
limitations.