Enrolled Version - Final Version
House Bill 3152 History
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ENROLLED
H. B. 3152
(By Delegates Michael, Stalnaker, Frederick, Proudfoot,
R. M. Thompson and Ashley)
[Passed April 9, 2005; in effect from passage]
AN ACT to
amend and reenact §29-12-5a of the Code of West Virginia,
1931, as amended, relating to liability insurance for county
boards of education, their employees and members, the county
superintendent of schools, and for employees and officers of
the State Department of Corrections; and clarifying that the
Board of Risk and Insurance Management is not required to
provide insurance for every property, activity or
responsibility.
Be it enacted by the Legislature of West Virginia:
That §29-12-5a of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 12. STATE INSURANCE.
§29-12-5a. Liability insurance for county boards of education,
their employees and members, the county
superintendent of schools, and for employees and
officers of the State Department of Corrections.
(a) In accordance with the provisions of this article, the state Board of Risk and Insurance Management shall provide
appropriate professional or other liability insurance for all
county boards of education, teachers, supervisory and
administrative staff members, service personnel, county
superintendents of schools and school board members and for all
employees and officers of the State Department of Corrections:
Provided, That the Board of Risk and Insurance Management is not
required to provide insurance for every property, activity or
responsibility of county boards of education, teachers, supervisory
and administrative staff members, service personnel, county
superintendents of schools and school board members and for all
employees and officers of the State Department of Corrections.
(b) Insurance provided by the Board of Risk and Insurance
Management pursuant to the provisions of subsection (a) of this
section shall cover claims, demands, actions, suits or judgments by
reason of alleged negligence or other acts resulting in bodily
injury or property damage to any person within or without any
school building or correctional institution if, at the time of the
alleged injury, the teacher, supervisor, administrator, service
personnel employee, county superintendent, school board member, or
employee or officer of the Department of Corrections was acting in
the discharge of his or her duties, within the scope of his or her
office, position or employment, under the direction of the Board of
Education or Commissioner of Corrections or in an official capacity
as a county superintendent or as a school board member or as
Commissioner of Corrections.
(c) Insurance coverage provided by the Board of Risk and
Insurance Management pursuant to subsection (a) of this section
shall be in an amount to be determined by the state Board of Risk
and Insurance Management, but in no event less than one million
dollars for each occurrence. In addition, each county board of
education shall purchase, through the Board of Risk and Insurance
Management, excess coverage of at least five million dollars for
each occurrence. The cost of this excess coverage will be paid by
the respective county boards of education. Any insurance purchased
under this section shall be obtained from a company licensed to do
business in this state.
(d) The insurance policy provided by the Board of Risk and
Insurance Management pursuant to subsection (a) of this section
shall include comprehensive coverage, personal injury coverage,
malpractice coverage, corporal punishment coverage, legal liability
coverage as well as a provision for the payment of the cost of
attorney's fees in connection with any claim, demand, action, suit
or judgment arising from such alleged negligence or other act
resulting in bodily injury under the conditions specified in this
section.
(e) The county superintendent and other school personnel shall
be defended by the county board or an insurer in the case of suit,
unless the act or omission shall not have been within the course or
scope of employment or official responsibility or was motivated by
malicious or criminal intent.