West Virginia law directs covered-loss payments to property damage first and bars policyholder actions against insurers over claims reported to the state board.
Money paid to a policyholder for a covered loss must first go toward property damage. If another source also pays, the state fund covers only the unpaid portion, up to its legal limit.
Policyholders may not sue or bring another action against an insurer over a mine subsidence claim reported to the state board, if the claim arises from or relates to the insurance law.
The board may require an insurer to try to recover payments from a policyholder when it judges the policyholder was not entitled to them because of fraud or a policy violation. The board pays for the attempt.
Money paid to a policyholder for a covered loss must first go toward property damage. This applies to payments for a covered mine subsidence loss, whether the policyholder receives them before or after reporting the loss to the insurer. When another source pays for a loss covered by the program, the state fund is liable only for the unpaid portion, up to its legal limit. The law took effect 90 days after passage, on June 12, 2026.
A policyholder may not bring an action against an insurer over a claim reported to the state board. This applies to policyholders and insurers when the claim has been reported to the Board of Risk and Insurance Management. The claim must arise from or relate to the mine subsidence insurance law. The law took effect 90 days after passage, on June 12, 2026.
The board may require an insurer to try to recover payments from a policyholder who was not entitled to them. This applies to amounts already paid to a policyholder under the mine subsidence insurance program. The board must judge that the policyholder received the payment through fraud or a violation of policy conditions. The board pays the cost of the recovery attempt, and disputes may go through the stated hearing and appeal process. The law took effect 90 days after passage, on June 12, 2026.
No hearings or votes scheduled.