Senate Bill No. 122
(By Senators Unger and Facemire)
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[Introduced February 11, 2009; referred to the Committee on
Banking and Insurance; and then to the Committee on Finance.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §29-12-5c, relating
to authorizing the State Board of Risk and Insurance
Management to provide insurance to county and regional airport
authorities and municipal airports.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §29-12-5c, to read as
follows:
ARTICLE 12. STATE INSURANCE.
§29-12-5c. Liability insurance for county airport authorities.
(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 airport authorities:
Provided, That the Board of Risk and
Insurance Management is not required to provide insurance for every property, activity or responsibility of county airport authorities.
(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
county and regional airport authorities and municipal airports if,
at the time of the alleged injury, the employee or officer of the
county airport authority 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 county airport authority.
(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 $1 million for
each occurrence. In addition, each county and regional airport
authority and municipal airport may purchase, through the Board of
Risk and Insurance Management, excess coverage of at least $5
million for each occurrence. The cost of this excess coverage will
be paid by the respective county or regional and municipal airport.
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 and regional airport authorities and municipal
airports or their officers and employees shall be defended by an
insurer in the case of suit, unless the act or omission was not
within the course or scope of employment or official responsibility
or was motivated by malicious or criminal intent.
NOTE: The purpose of this bill is to authorize the State Board
of Risk and Insurance Management to provide insurance to county and
regional airport authorities and municipal airports.
This section is new; therefore, strike-throughs and
underscoring have been omitted.