This 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 during community activities held on school property. Specifically, it establishes that the required liability insurance coverage 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 mandates that any insurance purchased must be obtained from a company licensed to operate in West Virginia. The previous requirement for insurance coverage amounts, as specified in section five-a, article twelve, chapter twenty-nine, has been removed.

Furthermore, the bill clarifies the conditions under which the board of education is not liable for acts or omissions related to community activities, including those involving individuals or organizations using school property. It also outlines the role of the State Board of Risk and Insurance Management in providing insurance coverage and managing claims related to such activities. 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. Overall, the legislation aims to enhance the liability protections for educational institutions while ensuring adequate insurance coverage is in place.

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