Generally, an employee will be entitled to defense and indemnity if the employee acted in the scope of UMB employment, and without gross negligence or malice. The Insurance Division's Claims Unit is responsible for handling claims filed against the State, its agencies, and its employees.Uncover the intricacies of Maryland Tort Claims in our comprehensive guide. From types of claims to proving fault and navigating legal complexities. To file a new claim, please complete the STO's Electronic Notice of Claim Form (NOC). Torts may result from intentional or negligent actions. "Negligence" is a complicated legal concept. Timing for Responses and Determinations. The State's limit of liability (also called a tort cap) is the maximum amount the State can be held liable for damages. Gross negligence, or to acts outside the scope of the employee's duties.