Md. Code Regs. 11.13.10.05

Current through Register Vol. 51, No. 22, November 1, 2024

Section 11.13.10.05 - Product Liability

A. The manufacturer of the device shall carry product liability insurance with minimum liability limits of 1 million dollars per occurrence, with 3 million dollars aggregate total. The liability covered shall include defects in product design and materials as well as in the work of manufacturing, calibration, installation, and removal of devices. The proof of insurance shall include a statement from the insurance company that 30 days' notice will be given to the Administration before cancellation of the insurance.

B. The manufacturer shall provide to the Administration a statement that the manufacturer is totally responsible for product liability and shall defend and indemnify the following from any liability resulting from the device or its installation or use:

(1) The State of Maryland, including all of its units and all State personnel as defined in State Government Article, § 12-101, Annotated Code of Maryland;

(2) The court that ordered installation of the device; and

(3) The testing laboratory that has verified that the device meets the Administration's standards and requirements.

Md. Code Regs. 11.13.10.05

Regulations .05 adopted as an emergency provision effective January 31, 1989 (16:4 Md. R. 487); adopted permanently effective May 29, 1989 (16:10 Md. R. 1109)