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BOARD OF EDN. v. MANN INSURANCE

No. 11, September Term, 2004.

860 A.2d 909 (2004)

383 Md. 527

MONTGOMERY COUNTY BOARD OF EDUCATION v. HORACE MANN INSURANCE COMPANY.

Court of Appeals of Maryland.

November 10, 2004.

Attorney(s) appearing for the Case

Sharon V. Burrell, Principal Counsel for Self-Insurance Appeals (Charles W. Thompson, Jr., County Attorney, and Joann Robertson, Chief Counsel Litigation Division, on brief), Rockville, Brian L. Moffet, Gordon, Feinblatt, Rothman, Hoffberger & Hollander, LLC, Baltimore, Richard Hodyl, Jr., Thomas J. Pontikis, Michael J. Borree, Williams, Montgomery & John, Chicago, IL, Brief of the Property Casualty Insurers Association of America as Amicus Curiae in Support of Appellant, for petitioner/cross-respondent.

Charles E. Wilson, Jr., (Amy Leete Leone, on brief), Rockville, Thomas V. McCarron, Christopher J. Lyon, Semmes, Bowen & Semmes, Baltimore, Brief of Amici Curiae the Maryland Association of Boards of Education Group Insurance Pool, The Maryland Association of Boards of Education, the International Municipal Lawyers Association, for respondent/cross-petitioner.

Argued before BELL, C.J., RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA and JOHN C. ELDRIDGE (Retired, specially assigned), JJ.

WILNER, J.

The Circuit Court for Montgomery County determined that the Montgomery County Board of Education was required by law to defend one of its teachers against a tort claim filed by a former student and that it was liable to the private insurance company that ultimately provided that defense for having declined to do so. The Court of Special Appeals affirmed the declaratory and monetary judgment against the board (Board of Education v. Mann,

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