This bill amends the Code of West Virginia to update the minimum insurance requirements for county boards of education to qualify for conditional immunity from liability related to community activities on school property. Specifically, it removes the previous requirement for insurance coverage amounts and replaces it with a new mandate that the liability insurance must be no less than $1 million for each occurrence, along with excess coverage of at least $5 million for each occurrence. Additionally, the bill stipulates that any insurance purchased must be obtained from a company licensed to operate in West Virginia.

The bill also clarifies that the State Board of Risk and Insurance Management can provide insurance coverage if requested by organizations using school property for community activities. It outlines that the costs associated with this insurance will be borne by the requesting organization and that the board has the authority to negotiate and settle claims covered by the insurance. Furthermore, the bill maintains that county boards are not liable for injuries arising from unorganized recreational use of school property, except in cases of gross negligence or willful misconduct.

Statutes affected:
Introduced Version: 18-5-19d, 29-12-5a
Committee Substitute: 18-5-19d