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
Last updated: January 2026

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:

CoverageTypeTypical Limit
Coverage A - DwellingOpen perils (all-risk)Replacement cost
Coverage B - Other StructuresOpen perils10% of Coverage A
Coverage C - Personal PropertyNamed perils50-75% of Coverage A
Coverage D - Loss of UseALE and fair rental20-30% of Coverage A
Coverage E - LiabilityOccurrence basis$100,000 - $500,000
Coverage F - Medical PaymentsNo-fault$1,000 - $5,000

Other Homeowners Forms

FormDescriptionBest For
HO-2 (Broad)Named perils dwelling and contentsBudget-conscious owners
HO-4 (Renters)Contents only, named perilsTenants and renters
HO-5 (Comprehensive)Open perils dwelling AND contentsMaximum protection
HO-6 (Condo)Unit owners coverageCondominium owners
HO-8 (Modified)Actual cash value dwellingOlder homes, historic properties

Dwelling Policies

For properties that don't qualify for homeowners forms:

FormCoverageUse
DP-1 (Basic)Named perils, ACVRental properties, vacant homes
DP-2 (Broad)Broader named perilsInvestment properties
DP-3 (Special)Open perils dwellingBetter 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.

AspectDetails
CauseCollapse of abandoned underground mines
Risk AreasFormer coal mining regions throughout WV
Damage TypesFoundation cracks, structural damage, land displacement
Standard PolicyTypically EXCLUDED from standard homeowners

West Virginia Mine Subsidence Requirement:

RequirementDetails
Offer RequirementInsurers MUST offer mine subsidence coverage
Consumer ChoicePolicyholder can accept or decline in writing
Written RejectionRejection must be documented
AvailabilityCoverage available through endorsement
LimitsVaries, 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:

RequirementTimeframe
AcknowledgmentWithin 15 days of claim receipt
InvestigationBegin within 15 days
DecisionWithin reasonable time after investigation
PaymentPromptly after coverage determination
DenialWritten explanation required

Prompt Payment Standards

SituationRequirement
Undisputed ClaimsPay within 30 days of proof of loss
Partial PaymentPay undisputed portion promptly
InterestInterest on delayed payments may apply
Bad FaithPenalties for unreasonable delay

Coverage Exclusions

Standard Exclusions

West Virginia homeowners policies typically exclude:

ExclusionRationale
FloodRequires separate NFIP or private coverage
EarthquakeSeparate endorsement available
Mine SubsidenceSeparate coverage must be offered
Intentional LossPublic policy
WarCatastrophic, uninsurable risk
Nuclear HazardCatastrophic risk
Government ActionSeizure, destruction by authorities
NeglectFailure to protect property
Earth MovementLandslide (except mine subsidence)

Flood Insurance

Standard homeowners policies do NOT cover flood damage:

AspectDetails
ExclusionFlood explicitly excluded
NFIPNational Flood Insurance Program available
Private FloodPrivate flood insurance options exist
WV RiskMany areas flood-prone due to mountain terrain
Waiting PeriodNFIP 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

CoveredNot Covered
Mine subsidence (if endorsed)Landslide
Fire following earthquakeEarthquake
Volcanic action (limited)Mudflow (except flood policy)
Sinkholes (unless endorsed)

Policy Conditions

Duties After Loss

Policyholder must:

  1. Give Prompt Notice - Notify insurer as soon as possible
  2. Protect Property - Make reasonable repairs to prevent further damage
  3. Cooperate - Assist with investigation
  4. Provide Documentation - Inventories, receipts, proof of loss
  5. Submit to Examination - Under oath if requested
  6. Not Abandon Property - Cannot abandon to insurer

Insurer's Rights

RightDescription
InspectionInspect property and records
Examination Under OathQuestion insured about claim
AppraisalResolve valuation disputes
SalvageRetain damaged property
SubrogationRecover from responsible parties

Appraisal Process

When insured and insurer disagree on value:

  1. Demand - Either party demands appraisal in writing
  2. Appraisers - Each party selects competent appraiser
  3. Umpire - Appraisers select neutral umpire
  4. Evaluation - Appraisers evaluate loss separately
  5. Agreement - Written agreement by two of three is binding

Cancellation and Non-Renewal

West Virginia Requirements

ActionNotice RequiredReasons
Cancellation (first 60 days)10 daysAny reason
Cancellation (after 60 days)30 daysSpecific reasons only
Non-Renewal45 daysSpecific reasons required
Non-Pay Cancellation10 daysPremium not paid

Valid Reasons for Cancellation (After 60 Days)

ReasonExample
Non-PaymentPremium not paid when due
FraudMaterial misrepresentation
Increased HazardSubstantial change in risk
ViolationPolicy condition violated
Loss of ReinsuranceCompany 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

AspectDetails
DefinitionCost to replace with like kind and quality
DeductionNo deduction for depreciation
RequirementMust actually replace or repair
PaymentMay pay ACV first, then difference after replacement
CoinsuranceMay require 80% to value

Actual Cash Value

AspectDetails
DefinitionReplacement cost minus depreciation
CalculationAge, condition, useful life considered
Lower PremiumCosts less than replacement cost
Best ForOlder items, budget constraints

Coinsurance

Formula: Payment=Insurance CarriedInsurance Required×LossDeductible\text{Payment} = \frac{\text{Insurance Carried}}{\text{Insurance Required}} \times \text{Loss} - \text{Deductible}

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.

Test Your Knowledge

What must West Virginia insurers do regarding mine subsidence coverage?

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Test Your Knowledge

Within how many days must West Virginia insurers acknowledge receipt of a homeowners insurance claim?

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Test Your Knowledge

Is flood damage covered under a standard West Virginia homeowners policy?

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D