Key Takeaways
- West Virginia homeowners policies follow standard ISO forms with state-specific endorsements
- The state requires insurers to offer mine subsidence coverage to policyholders
- Flood insurance is NOT included in standard policies and must be purchased separately
- West Virginia law requires prompt claims handling and fair settlement practices
- Cancellation and non-renewal require specific notice periods and valid reasons
West Virginia Homeowners Insurance
West Virginia follows national homeowners insurance standards with state-specific requirements addressing the Mountain State's unique risks, including mine subsidence and flood exposure.
Standard Policy Forms
HO-3 Special Form (Most Common)
The HO-3 is the most popular homeowners policy in West Virginia:
| Coverage | Type | Typical Limit |
|---|---|---|
| Coverage A - Dwelling | Open perils (all-risk) | Replacement cost |
| Coverage B - Other Structures | Open perils | 10% of Coverage A |
| Coverage C - Personal Property | Named perils | 50-75% of Coverage A |
| Coverage D - Loss of Use | ALE and fair rental | 20-30% of Coverage A |
| Coverage E - Liability | Occurrence basis | $100,000 - $500,000 |
| Coverage F - Medical Payments | No-fault | $1,000 - $5,000 |
Other Homeowners Forms
| Form | Description | Best For |
|---|---|---|
| HO-2 (Broad) | Named perils dwelling and contents | Budget-conscious owners |
| HO-4 (Renters) | Contents only, named perils | Tenants and renters |
| HO-5 (Comprehensive) | Open perils dwelling AND contents | Maximum protection |
| HO-6 (Condo) | Unit owners coverage | Condominium owners |
| HO-8 (Modified) | Actual cash value dwelling | Older homes, historic properties |
Dwelling Policies
For properties that don't qualify for homeowners forms:
| Form | Coverage | Use |
|---|---|---|
| DP-1 (Basic) | Named perils, ACV | Rental properties, vacant homes |
| DP-2 (Broad) | Broader named perils | Investment properties |
| DP-3 (Special) | Open perils dwelling | Better rental coverage |
West Virginia-Specific Requirements
Mine Subsidence Coverage
What is Mine Subsidence?
Mine subsidence is the movement of ground surface due to collapse of underground mine workings. West Virginia's extensive coal mining history creates significant subsidence risk.
| Aspect | Details |
|---|---|
| Cause | Collapse of abandoned underground mines |
| Risk Areas | Former coal mining regions throughout WV |
| Damage Types | Foundation cracks, structural damage, land displacement |
| Standard Policy | Typically EXCLUDED from standard homeowners |
West Virginia Mine Subsidence Requirement:
| Requirement | Details |
|---|---|
| Offer Requirement | Insurers MUST offer mine subsidence coverage |
| Consumer Choice | Policyholder can accept or decline in writing |
| Written Rejection | Rejection must be documented |
| Availability | Coverage available through endorsement |
| Limits | Varies, often up to dwelling limit |
Exam Tip: West Virginia requires insurers to OFFER mine subsidence coverage to homeowners, but policyholders are not required to purchase it. This is a commonly tested point.
Claims Handling Requirements
West Virginia has specific claims handling standards:
| Requirement | Timeframe |
|---|---|
| Acknowledgment | Within 15 days of claim receipt |
| Investigation | Begin within 15 days |
| Decision | Within reasonable time after investigation |
| Payment | Promptly after coverage determination |
| Denial | Written explanation required |
Prompt Payment Standards
| Situation | Requirement |
|---|---|
| Undisputed Claims | Pay within 30 days of proof of loss |
| Partial Payment | Pay undisputed portion promptly |
| Interest | Interest on delayed payments may apply |
| Bad Faith | Penalties for unreasonable delay |
Coverage Exclusions
Standard Exclusions
West Virginia homeowners policies typically exclude:
| Exclusion | Rationale |
|---|---|
| Flood | Requires separate NFIP or private coverage |
| Earthquake | Separate endorsement available |
| Mine Subsidence | Separate coverage must be offered |
| Intentional Loss | Public policy |
| War | Catastrophic, uninsurable risk |
| Nuclear Hazard | Catastrophic risk |
| Government Action | Seizure, destruction by authorities |
| Neglect | Failure to protect property |
| Earth Movement | Landslide (except mine subsidence) |
Flood Insurance
Standard homeowners policies do NOT cover flood damage:
| Aspect | Details |
|---|---|
| Exclusion | Flood explicitly excluded |
| NFIP | National Flood Insurance Program available |
| Private Flood | Private flood insurance options exist |
| WV Risk | Many areas flood-prone due to mountain terrain |
| Waiting Period | NFIP has 30-day waiting period |
Flood Definition: Flood means a general and temporary condition of partial or complete inundation of normally dry land from:
- Overflow of inland or tidal waters
- Unusual and rapid accumulation of surface waters
- Mudflow
Earth Movement
| Covered | Not Covered |
|---|---|
| Mine subsidence (if endorsed) | Landslide |
| Fire following earthquake | Earthquake |
| Volcanic action (limited) | Mudflow (except flood policy) |
| Sinkholes (unless endorsed) |
Policy Conditions
Duties After Loss
Policyholder must:
- Give Prompt Notice - Notify insurer as soon as possible
- Protect Property - Make reasonable repairs to prevent further damage
- Cooperate - Assist with investigation
- Provide Documentation - Inventories, receipts, proof of loss
- Submit to Examination - Under oath if requested
- Not Abandon Property - Cannot abandon to insurer
Insurer's Rights
| Right | Description |
|---|---|
| Inspection | Inspect property and records |
| Examination Under Oath | Question insured about claim |
| Appraisal | Resolve valuation disputes |
| Salvage | Retain damaged property |
| Subrogation | Recover from responsible parties |
Appraisal Process
When insured and insurer disagree on value:
- Demand - Either party demands appraisal in writing
- Appraisers - Each party selects competent appraiser
- Umpire - Appraisers select neutral umpire
- Evaluation - Appraisers evaluate loss separately
- Agreement - Written agreement by two of three is binding
Cancellation and Non-Renewal
West Virginia Requirements
| Action | Notice Required | Reasons |
|---|---|---|
| Cancellation (first 60 days) | 10 days | Any reason |
| Cancellation (after 60 days) | 30 days | Specific reasons only |
| Non-Renewal | 45 days | Specific reasons required |
| Non-Pay Cancellation | 10 days | Premium not paid |
Valid Reasons for Cancellation (After 60 Days)
| Reason | Example |
|---|---|
| Non-Payment | Premium not paid when due |
| Fraud | Material misrepresentation |
| Increased Hazard | Substantial change in risk |
| Violation | Policy condition violated |
| Loss of Reinsurance | Company cannot obtain reinsurance |
Policyholder Rights
Upon cancellation or non-renewal:
- Written notice required
- Reason must be stated
- Refund of unearned premium
- Right to request explanation
- May file complaint with OIC
Replacement Cost vs. Actual Cash Value
Replacement Cost Coverage
| Aspect | Details |
|---|---|
| Definition | Cost to replace with like kind and quality |
| Deduction | No deduction for depreciation |
| Requirement | Must actually replace or repair |
| Payment | May pay ACV first, then difference after replacement |
| Coinsurance | May require 80% to value |
Actual Cash Value
| Aspect | Details |
|---|---|
| Definition | Replacement cost minus depreciation |
| Calculation | Age, condition, useful life considered |
| Lower Premium | Costs less than replacement cost |
| Best For | Older items, budget constraints |
Coinsurance
Formula:
Example:
- Home value: $300,000
- 80% coinsurance: $240,000 required
- Actually carried: $200,000
- Loss: $50,000
- Payment: ($200,000/$240,000) × $50,000 = $41,667
Exam Tip: West Virginia requires insurers to acknowledge claims within 15 days and begin investigation within 15 days. Know these timeframes for the exam.
What must West Virginia insurers do regarding mine subsidence coverage?
Within how many days must West Virginia insurers acknowledge receipt of a homeowners insurance claim?
Is flood damage covered under a standard West Virginia homeowners policy?