HARRY HUGHES, Governor

1421

In subsection (a)(2) of this section, the word
"physician" is substituted for the former word
"doctor", which apparently was intended to mean an
individual who practices medicine as a physician.
This substitution reflects the specific reference to a
"dentist", who also would be a "doctor".

In subsection (a)(5) of this section, the words
"tangible", "real", "personal", and "mixed", which
formerly modified the word "property", are deleted as
surplusage.

In subsection (d) of this section, the specific
reference to limitations on liability under
"subsection (c)(3) and (4) of this section" is
substituted for the former reference to "limits of
liability in subsection (sic) 5-403(b) of the Courts
Article". This substitution interprets the former
words "limits of liability" as a restriction on the
former cross-reference to CJ § 5-403(b), which
encompassed both limitations on and exclusions from
liability. Thus, the substituted language does not
include the exclusions that now appear in subsection
(c)(1), (2), (5), and (6) of this section.

As to the State Insurance Program, see Art. 95, §§ 25
through 35 of the Code.

Defined terms: "Includes";"including" § 1-101
"State personnel" § 12-101

12-105. RESTRICTIONS ON ACTIONS.

(A)  SCOPE OF SECTION.

THIS SECTION DOES NOT APPLY TO A CLAIM THAT IS ASSERTED BY
CROSS-CLAIM OR COUNTERCLAIM.

(B)  CLAIM AND DENIAL REQUIRED.

A CLAIMANT MAY NOT INSTITUTE AN ACTION UNDER THIS SUBTITLE
UNLESS:

(1)  THE CLAIMANT SUBMITS A WRITTEN CLAIM TO THE
TREASURER OR A DESIGNEE OF THE TREASURER; AND

(2)  THE TREASURER OR DESIGNEE DENIES THE CLAIM
FINALLY.

REVISOR'S NOTE: This section is new language derived
without substantive change from former CJ §
5-406(a)(2) and the first sentence of (1).