The bill amends the Code of West Virginia to update the minimum insurance requirements that county boards of education must maintain 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 requires liability insurance coverage of at least $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.

Furthermore, the bill clarifies that the State Board of Risk and Insurance Management can provide insurance coverage for organizations or associations seeking it, and outlines the payment responsibilities for the insurance costs. It also maintains that county boards of education are not liable for injuries or damages arising from unorganized recreational use of school property, while still holding them accountable for gross negligence or willful misconduct. The bill ensures that existing rights and defenses under other laws remain unaffected.

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