This bill amends the Code of West Virginia, specifically section 18-5-19d, to modify the minimum insurance requirements for county boards of education in order to qualify for a limitation of liability regarding community activities. The current law's stipulation that insurance coverage must align with amounts specified in another section is deleted. Instead, the bill mandates that county boards maintain liability insurance coverage of no less than $1 million for each occurrence, along with excess coverage of at least $5 million for each occurrence. Additionally, it requires that any insurance purchased must be obtained from a company licensed to operate in West Virginia.

The bill also clarifies the conditions under which the limitation of liability applies, including the necessity for the insurance to cover legal costs associated with claims of negligence. It allows the State Board of Risk and Insurance Management to provide insurance coverage if requested by organizations using school property for community activities. Furthermore, it specifies 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 bill aims to enhance the protection of county boards while ensuring adequate insurance coverage is in place for community activities.

Statutes affected:
Introduced Version: 18-5-19d