§ 10-174. Establishment of Risk Management Fund.

(a)

There is established and created for Prince George's County and for municipal corporations and governmental agencies within Prince George's County an insurance fund which shall be known as the Risk Management Fund for Prince George's County. The Risk Management Fund shall compensate for injury to persons or damage to property resulting from negligence or other wrongful acts of public officials, employees and agents of the County and other Risk Management Fund Members, and to provide protection, against physical loss or damage to property of the County and other Risk Management Fund Members caused by fire, explosion, theft, vandalism, malicious mischief, riot, civil disturbance, flood and natural disasters and protection for officials, employees and agents acting within the scope of their duties.

(b)

The Risk Management Fund shall provide protection to insure the County and other Risk Management Fund members against liability for personal injury and property damage resulting from negligence, deprivation of civil rights, malpractice or any other type of civil or tortious actions resulting from the negligence or wrongful act of any public official, agent or employee within the scope of official duties. The Risk Management Fund shall also provide for comprehensive general liability, comprehensive property damage, Workmen's Compensation, and comprehensive automobile liability.

(c)

The Risk Management Fund may provide insurance protection by purchase of insurance from insurance companies authorized to do business in the State of Maryland or by a program of self-insurance funded by the County and other Risk Management Fund Members or by a combination of purchased insurance and self-insurance. Provided, however, that no insurance coverage or combination of purchased insurance and self-insurance shall be in excess of the maximum limitations of liability as conferred upon the County or any Risk Management Fund member by Charter or other statutory provision unless the Risk Management Fund, at the request of a member, acquires additional protection insuring risks in excess of such Charter of statutory limitation.

(d)

In no event shall any coverage provided by the Risk Management Fund for injuries to persons and property of others exceed Two Hundred Thousand Dollars ($200,000) per person, per occurrence. In no event shall any coverage provided by the Risk Management Fund exceed One Hundred Thousand Dollars ($100,000), per occurrence, for the Board of Trustees of Prince George's Community College and the Board of Education of Prince George's County. Notwithstanding such limitations, in no event shall any coverage provided by the Risk Management Fund to members for injuries to persons and property of others be in excess of the maximum limitation of liability as conferred upon the County or other Risk Management Fund member by Charter, State law or other statutory provision unless the Risk Management Fund, at the request of a member, acquires additional protection insuring risks in excess of such Charter or statutory limitation.

(e)

The Risk Management Fund is further authorized to provide coverage for any other insurable risk or liability as requested by a member so long as the member provides a contribution actuarially sufficient to provide the coverage request.

(CB-31-1983; CB-5-2003)

Editor's note

CR-67-1992 authorized the County to participate in the Self-Insurance Liability Funding Program sponsored by the Local Government Insurance Trust.