Maryland State Tort Claims
Anyone who has sustained bodily injury or property damage which they believe was caused by the negligence of the State of Maryland or State of Maryland personnel may file a claim under the Maryland Tort Claims Act, which is set forth in the Maryland Code, State Government Article, §§ 12-101, et. seq. This claim must be submitted in writing to the Maryland State Treasurer's Office (STO).
The STO Insurance Division will objectively determine responsibility for all claimed injury or property damage and will compensate claimants for injury and/or property damage when supported evidence deems this to be the appropriate action. If the evidence secured supports a denial of liability, the STO Insurance Division will communicate this information to the claimant or his/her representative.
If you sustain a property damage loss, please notify your insurance carrier so they too may be able to conduct an investigation on your behalf and this may also expedite receiving payment for your loss.
How to file a Maryland State Tort Claim
If you are contacting the Maryland State Treasurer's Office to report a new claim, the Notice of Claim (NOC) form is now available in an electronic format. Please visit the website: www.Treasurer.State.MD.US; Citizen Services; File a Claim Against the State: To file a claim, click here. The form is for State claims, only.
If you have any questions while completing the electronic form, or after the form has been submitted, please contact the main number of the STO Insurance Division at (410) 260-7684.
The STO Insurance Division is available Monday through Friday from 8:00 A.M. to 5:00 P.M. The office is closed weekends, official state holidays and any days impacted by severe weather events.
If you do not have access to a computer, the NOC can be sent US Postal mail. Please contact the STO Insurance Division to request one be mailed. You are required to fully complete the entire form. The executed form may be faxed or mailed to the Treasurer's Office. We must receive the form fully completed before proceeding with the investigation into your claim.
- The Notice of Claim can be submitted by mail to the following address:
Dereck E. Davis, Treasurer
c/o Insurance Division
Louis L. Goldstein Treasury Building
80 Calvert Street, Room 442
Annapolis, MD 21401
- A Notice of Claim can be submitted by fax using the following fax number:
If your new claim pertains to a road hazard incident, such as a pothole or road debris we also recommend reporting the matter to the Maryland State Highway Administration's (SHA) website www.roads.maryland.gov for their records. This will aid in the investigation of the claim.
If you have filed a claim, please contact the STO Insurance Division's main number at (410) 260-7684 and request your adjuster's name, direct phone number and your claim number. If you call after hours business, please leave your name, preferred contact phone number, claim number and a detailed message. A staff member will return your call the next business day.
All claims must be submitted in writing and must include the
• A concise statement of facts describing the nature of the claim, including date, place and time of occurrence;
• A demand for specific damages;
• Names and addresses of all parties; name, address, and telephone number of counsel for the claimant, if any;
• Must be signed by the claimant, his/her legal representative, or counsel.
The Notice of Claim form is for use only if you believe you have suffered a loss by the State of Maryland, its officers, employees or volunteers. DO NOT SUBMIT A CLAIM TO THE STATE if you suffered a loss by another entity (for example, The United States Government, another country, another State, a county, city or private citizen or entity.) Should your claim be against a party other than the State of Maryland, you must present your claim to that party or parties.
Important Facts about a Submitted Tort Claim
The completed Notice of Claim form must be signed by one of the following:
- the Claimant
- a person who has power of attorney for the Claimant
- the attorney representing the Claimant for the facts presented in the Notice of Claim
The length of the STO Insurance Division investigation may take up to six months to complete. Each investigation depends on the complexity of the issues presented in the tort claim and the availability of securing evidence necessary to render a decision.
If the investigation completed by STO Insurance Division results in a settlement of your claim, please be advised you will receive payment in approximately 30 business days after your payment is processed. The payment cannot be processed without the properly executed, notarized release. Therefore, your prompt return of a properly executed, notarized release is essential.
Frequently Asked Questions
- 1. Is there a time limit for filing a claim?
All claims must be submitted in writing to the Treasurer or a designee of the Treasurer within 1 year after the injury to a person or damage to property has occurred.
- 2. If I send my Notice of Claim to the Insurance Division by fax, how will I know if it was received?
The fax machine used to fax the Notice of Claim to the STO Insurance Division will provide you with a verification of the fax being received by the STO Insurance Division. Once this verification has been secured, a follow up phone call to the office is not necessary. Should you not receive verification of the fax connecting to the STO Insurance Division, please make sure the document was sent to 410-974-2865.
Maryland State Agency Claims
- 1. How does a Maryland State Agency file a claim?
A claim form must be completed and submitted to the STO Insurance Division. This form can be mailed, faxed or emailed to the STO Insurance Division.
- 2. Where can a Maryland State Agency get a claim form?
The agency representative may contact the STO Insurance Division at 410-260-7684 or visit the website: www.Treasurer.State.MD.US ; State Agencies; Insurance - Automobile Loss Report, General Liability Loss Report; and Property Loss Report.
- 3. Is there a time limit for a Maryland State Agency to file a claim?
When an agency seeks reimbursement from the State Insurance Trust Fund for a loss (damage or liability) the agency shall file its claim with the STO Insurance Division within 60 days after the agency discovers the loss (damage or liability). COMAR 25.02.06.01A
- 4. If the agency has any questions about whether a claim should be filed, the agency may contact the STO Insurance Division at 410-260-7684 between 8:00 A.M. and 5:00 P.M., Monday through Friday.
- 5. Does a Maryland State Agency need to secure more than one estimate of repairs for damages?
The STO Insurance Division urges each Maryland State Agency to comply with State procurement procedures with regard to obtaining repair estimates for property damaged as a result of a sudden and accidental loss. If the agency is not using the State vendor for fleet management, the STO Insurance Division strongly recommends the agency obtain three (3) estimates prior to having the damages repaired. If the piece of equipment damaged is obtained from a sole source or is a special piece of equipment, this recommendation, may be waived.
- 6. How are Maryland State Agency claims paid?
After the agency pays for the covered damages, the agency must submit proof of payment to the STO Insurance Division. This submission should include a copy of an itemized estimate or invoice and proof of payment. This proof of payment may be a copy of the credit card slip or statement, a copy of the payment information from R*STARS or a copy of the cashed check. The agency will then be reimbursed for the covered damages.
- 7. Is there a deductible on claims submitted for reimbursement?
Yes, the first $1,000 of each occurrence (damage or liability) shall be paid from the agency's appropriation in the State budget.
- 8. If a State agency mistakenly pays sales tax on a repair or replacement invoice, will the Insurance Division reimburse the State agency?
No. As the State is exempt from sales tax, this amount will be deducted from the total amount to be reimbursed.
How to Schedule a Boiler Inspection
To schedule an inspection for existing boiler, water heaters and/or pressure vessels please contact Travelers Insurance. They can be reached by either calling or sending an email.
Travelers Boiler and Machinery Contact Center information:
- Email: firstname.lastname@example.org
- Boiler and Machinery hotline: 1-800-425-4119
- Fax: 1-877-764-9535
When calling the toll-free-number, the Call Center Representatives will ask for the following information:
- Location(s) where the equipment is located, including zip code.
- Please be prepared to provide address(es)
- Name and contact information of the authorizing person for scheduling the inspection.
- Please provide both mobile / office telephone numbers and email address for all contacts
- Type of equipment requiring inspection
- Certificate Inspection date and certificate number
If you wish to speak to the Travelers' risk engineer, please leave a message with the contact center and they will return your call.
Fire Protection -- Impairment Notice
An impairment of any fire protection system or equipment occurs when that protection system, alarm or detection device is removed from service either partially or completely. Potential examples of impairments can be due to; planned preventive maintenance, construction or a power outage.
The State of Maryland's Property Insurance carrier (AIG) needs to be notified for Impairments of 8 hours or greater.
In order to report the impairment, AIG can be reached at:
- Email: email@example.com
- Phone: 817-490-3255.
When contacting AIG to report an impairment, the following information will be requested:
- Please be prepared to provide address(es)
- Length of time for the impairment
- Name & contact information of the authorizing person who has responsibility to control the impairment.
- Please provide both cell and office telephone numbers and the email address for all contacts
When the impairment time period has expired, AIG will call and/or email the authorizing person to confirm the status of the impairment. If there is no response from the authorizing person of the agency, AIG will contact the State Treasurer's Office Insurance Division to report noncompliance.
Vacant or Unoccupied Buildings
Fire protection, security and alarms systems must be maintained, and written notice must be given to the property insurance company prior to the one-hundred twentieth (120th) consecutive day since cessation of business operations, vacancy or lack of occupancy. Agencies should notify the STO Insurance Division as soon as practical by email to Muriel Turner, firstname.lastname@example.org and Luke Reed, email@example.com or by fax to 410-974-2865, for reporting to the insurance company.
The STO Insurance Division strongly suggests that heat be maintained in all vacant buildings to at least 55 degrees in the winter months to prevent pipes from bursting.
Maryland State Agency Risk Management
If an agent of a Maryland State Agency takes State owned property out of Maryland, is the State owned property covered?
Yes, for covered perils.
Can the STO Insurance Division advise an agency on whether or not a driver of a State owned vehicle is covered?
No. The Maryland Tort Claims Act defines who is covered in Section 12-101. Should the agency require assistance with its interpretation, the agency must contact the Assistant Attorney General for their agency.
Can the STO Insurance Division grant permission for someone to operate a State owned vehicle?
No. The STO Insurance Division cannot grant permission to someone to operate a State owned vehicle.
Where can the agency learn more about the use and operation of State owned vehicles?
Reference the Department of Budget & Management State Vehicle Fleet Policies and Procedures Manual or by calling 800-705-3493.
If a Maryland State employee drives their personal vehicle during work, are they insured?
This is a complex question with many answers depending upon the time, place and circumstances of the incident. Please refer to the following legal memorandum for a detailed analysis: Risks and Liabilities of Automobile Use within the Scope of Public Duties.
If Maryland State personal property or equipment is stolen, is the property insured?
No. A claim for theft or other disappearance of an agency's personal property may not be accepted under any insurance program provided by the Treasurer. An agency of State government shall be solely responsible for the care and custody of its property. COMAR 25.02.06.02
Are Maryland State owned "Fine Arts" insured?
Yes, for the same perils as other State owned contents. However, if there is an article of fine arts the Treasurer determines is irreplaceable, the indemnity shall be only for the repair of damage.
A Maryland State Agency has been asked to provide a Certificate of Insurance. What exactly is a Certificate of Insurance?
A certificate of insurance is a document which provides evidence of insurance. Other parties routinely require evidence of insurance coverage for various types of contracts. Examples may be for the lease or rental of premises, rental of a vehicle or for special events. When agreements, leases or contracts require evidence of insurance, the agency should request review by their Assistant Attorney General for compliance with those obligations.
How may a Maryland State Agency obtain a Certificate of Insurance?
An agency may submit a written request for a certificate of insurance to the STO Insurance Division, to the attention of Luke Reed, Underwriter. The request must contain the name of the person within the agency requesting the certificate, the telephone and fax number, the name and address of your State agency, a brief description of why the certificate is needed and the name and address of the organization requesting the verification of insurance from the agency. The agency representative can e-mail this to Luke Reed, firstname.lastname@example.org and Muriel Turner at email@example.com, or by fax to 410-974-2865.
How long is the process for obtaining a Certificate of Insurance from the STO Insurance Division once the request is properly submitted?
Please allow at least 5 business days for processing.