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25.02.03.00.htm 25.02.03.00. Title 25 OFFICE OF THE STATE TREASURER Subtitle 02 STATE INSURANCE PROGRAMS Chapter 03 Maryland Tort Claims Act―Claims Administration Authority: State Finance and Procurement Article, §9-104 and 9-105; State Government Article, §12-101 et seq; Annotated Code of Maryland
25.02.03.01.htm 25.02.03.01. 01 Submission of Claims.. For purposes of the provisions of State Government Article, § 12-106:. A. A proper claim shall:. 1) Contain a statement of facts that sets forth the nature of the claim, including the date, time, place, and description of the incident,2) Contain a demand for money damages in a sum certain,. 3) State the name and address of the claimant,. 4) State the name and address, if known, of the alleged tortfeasor, including identification of the
25.02.03.02.htm 25.02.03.02. 02 Who May File.. A. Property Damage. A claim for property damage or loss may be submitted by the owner of the property or by a person obligated by contract to repair or replace the property, or by the duly authorized attorney or legal representative of either.B. Personal Injury. A claim for personal injury may be submitted by the injured person or by that person's duly authorized attorney or legal representative.C. Death. A claim for death may be submitted by th
25.02.03.03.htm 25.02.03.03. 03 Filing of Claim.. A. Where to File Claim. As prerequisite to its consideration under COMAR 25.02.01-25.02.04, an otherwise proper claim shall be submitted to the Treasurer.B. When to File Claim.. 1) As a prerequisite to its consideration under COMAR 25.02.01-25.02.04, an otherwise proper claim shall be received by the State Treasurer's Office within 1 year after the injury that is the basis for the claim.2) The filing period set forth in §B(1) above, is not suspended or tolled b
25.02.03.04.htm 25.02.03.04. 04 Initial Coverage Determination.. A. Regulations .05―08 of this chapter apply only to those claims for which the Treasurer provides self-insurance coverage, in whole or in part, under the Maryland Tort Claims Act.B. Subject to §C, below, the policy terms and conditions of purchased commercial insurance coverage, if any, govern the administration of claims that the Treasurer initially determines may be covered by commercial insurance.C. The determination of c
25.02.03.05.htm 25.02.03.05. 05 Documentation.. A. Death. In support of a claim for death, the claimant may be required to submit the following evidence or information:1) An authenticated death certificate or report, or both, of postmortem examination showing the date and cause of death and the age of the decedent;2) Documentation of the decedent's employment or occupation, if any, at time of death, including the decedent's monthly or yearly salary or earnings and the duration of the decedent's last employment
25.02.03.06.htm 25.02.03.06. 06 Amendments.. A. A claim submitted in compliance with Regulation .01 of this chapter may be amended within 1 year of the date of the injury for any reason, and after that, but before a final denial under Regulation .08 of this chapter, only on the basis of newly discovered evidence.B. A claim submitted to the Treasurer within 1 year of the injury that is not in compliance with Regulation .01 of this chapter:1) May be amended within 30 days of the date of th
25.02.03.07.htm 25.02.03.07. 07 Action on Approved Claims.. A. An agreement respecting an award, compromise, or settlement of a claim, regardless of amount, is not valid without the approval of the Treasurer.B. Payment of an award, compromise, or settlement shall be predicated upon the Treasurer's receipt and approval of a claim settlement agreement or a release of all claims properly executed by the claimant.C. If a claimant is represented by an attorney and the claimant's attorney has presented suitable ev
25.02.03.08.htm 25.02.03.08. 08 Denial of Claims.. A. A written final denial of a claim by the Treasurer may include a general statement of the reason for the denial.B. Subject to §C, below, a claim shall be deemed to be denied finally if the Treasurer fails to give notice of a final decision on the claim within 6 months after the submission of the claim.C. Before the beginning of suit and before the expiration of the 3-year period specified in State Government Article, §12-106(b)3) the Treasurer, upon
25.02.03.9999.htm 25.02.03.9999. Administrative History Effective date: November 4, 1985 (12:22 Md. R. 2109). Chapter, Coverage Limitations, repealed effective April 16, 1990 (17:7 Md. R. 853) ―. Regulations .01―08, Maryland Tort Claims Act―Claims Administration, adopted effective April 16, 1990 (17:7 Md. R. 853)Regulation .03B amended effective January 12, 1998 (25:1 Md. R. 17). Regulation .05C amended effective January 12, 1998 (25:1 Md. R. 17).
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