This bill amends the Code of West Virginia to allow county boards of education the option to obtain professional or other liability insurance coverage from any licensed insurance carriers in the state, in addition to the existing coverage provided by the State Board of Risk and Insurance Management. The bill specifies that the insurance must cover claims related to alleged negligence resulting in bodily injury or property damage while individuals are acting within the scope of their duties. It also establishes minimum coverage amounts, requiring at least $1,250,000 for each occurrence and an additional excess coverage of at least $5 million, which must be purchased through the Board of Risk and Insurance Management.

Additionally, the bill mandates that county boards of education provide written notice of insurance coverage to all insured parties, including teachers and school board members, detailing the coverage limits and the duty to defend. The amendments also clarify that the provisions apply to public charter schools that choose to obtain insurance coverage under this section. Notably, the bill includes changes to the language regarding the defense of school personnel in lawsuits, specifying that they will be defended unless their actions were not within the scope of their employment or were motivated by malicious intent.

Statutes affected:
Introduced Version: 29-12-5a