The bill amends the Code of West Virginia to update the minimum insurance requirements for individuals, organizations, or associations using school property for community activities. Specifically, it establishes that the liability insurance coverage must be no less than $1 million for each occurrence, with excess coverage of at least $5 million also required. Additionally, it mandates that any insurance purchased must be obtained from a company licensed to operate in West Virginia. The previous requirement that insurance coverage amounts be specified in another section of the code has been removed.
Furthermore, the bill clarifies that county boards of education will not be liable for acts or omissions related to community activities on school property, provided the insurance requirements are met. It also states that county boards are not liable for injuries or losses arising from unorganized recreational use of school property, except in cases of gross negligence or willful misconduct. The bill maintains that existing rights, duties, and defenses under other statutes or common law remain unaffected.
Statutes affected: Introduced Version: 18-5-19d
Committee Substitute: 18-5-19d