Insurance FAQs

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, ยงยง 12-101, et. seq. This claim must be sent to the State Treasurer's Office (STO).

The STO will objectively determine responsibility for all claimed injuries or property damage and it 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 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 of the loss on your behalf and this may also expedite you 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 new claims please clink on the link in the upper right hand corner of this page, "Notice of Claim" form.  Please print and fully complete the form.   The form will then need to be faxed or mailed to the Treasurer's Office and this information is located on the first page of the form.  We must have that form fully completed before proceeding with the investigation into your claim.  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 help to aid in the investigation of the claim.

If you have already filed a claim please contact the Insurance Division's main number at (410) 260-7684 and request your adjuster's name, direct phone number phone and your claim number.  If you call after hours business call leave your name, number, claim number and a detailed message after the tone and someone from our staff will return you're the next business day.  If you calling from a State agency and it involves a loss to State-owned property, please provide the nature of your loss and the name and phone number for the point of contact within your agency.

All claims must be submitted in writing, and must include the following data:

  • 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 legal representative, or counsel.
  • A Notice of Claim form is available for submitting your claim. This 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 MD, you must present your claim to that party or parties.

Where to Send the Completed Notice of Claim

A Notice of Claim can be submitted by mail to the following address:

Nancy K. Kopp, 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:

410-974-2865

Note: Your completed Notice of Claim must be submitted to the STO in order to be considered a valid notice to the State.

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 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 results in a settlement of your claim, please be advised you will receive payment in about 30 business days after your payment is processed. Your prompt return of a properly executed, notarized release is essential to settle your damages.

Checklist for Completing a Maryland State Tort Notice of Claim

  • Notice of Claim is typed or printed clearly in ink.
  • Notice of Claim form is filled out completely.
  • Provide detailed information with all available documents and pertinent evidence which may support your claim.  This may include but is not limited to: medical bills and records, if presenting an injury claim, photographs, proof of ownership for property damage, receipts for your out of pocket expenses, and documented lost wages.
  • Sign, date and provide residential address for person submitting the Notice of Claim.

 

Frequently Asked Questions

1. Where do I mail my Notice of Claim for a Maryland Tort Claim?

Nancy K. Kopp, Treasurer
c/o Insurance Division
Louis L. Goldstein Treasury Building
80 Calvert Street, Room 442
Annapolis, MD 21401

2. What is the fax number I can use to send my Maryland State tort claim?

410-974-2865

3. 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.

4. Who should I contact if I need assistance with filing a Maryland Tort Claim or to check the status of my claim?

The STO Insurance Division can be reached individually at the phone number provided to you on the acknowledgment letter you have received from the person assisting you with your claim. The main phone number for the STO Insurance Division is 410-260-7684 or 1-800-942-0162. The STO Insurance Division is available Monday through Friday from 8:00 A.M. to 5:00 P.M. The office is closed on Saturday, Sunday, official state holidays and any days impacted by severe weather events.

5. 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 check to make sure the document was sent to 410-974-2865.

 

Maryland State Agency Claims

 

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.

Where can a Maryland State Agency get a claim form?

The agency representative may click here for Insurance Forms or contact the STO Insurance Division at 410-260-7684.

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 within 60 days after the agency discovers the loss (damage or liability). COMAR 25.02.06.01A

If the agency has any questions about whether or not 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.

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.

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.

Is there a deductible on claims submitted for reimbursement?

Yes, the first $1,000 of value of each occurrence (damage or liability) of an agency shall be paid from its appropriations in the State budget.

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.

 

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 since there is no territory limitation for property coverage.

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 this particular agency.

Can the STO Insurance Division grant permission for someone to operate a State owned vehicle?

No. The 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 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 real or personal property, the lease or rental of a vehicle, or for special events.

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 Felicia Stewart, Underwriter and Muriel Turner, Senior Underwriting Manager. 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 request to Felicia Stewart at fstewart@treasurer.state.md.uscopying Muriel Turner at mturner@treasurer.state.md.us or fax it 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.