West VirginiaMine subsidence payments must go toward property damage first
West Virginia law directs covered-loss payments to property damage first and bars policyholder actions against insurers over claims reported to the state board.
What it does
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.
Argument forUsing payments for property damage first could help policyholders repair covered damage, while payments from other sources may reduce what the state fund owes.
Argument againstPolicyholders could have fewer ways to seek relief from insurers because they may not bring actions over covered claims reported to the state board.
More detail
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.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jun 29Chapter 232, Acts, Regular Session, 2026Latest
- Apr 1Approved by Governor Patrick Morrisey 4/1/2026Major
- Mar 25To Governor 3/25/26To Governor
- Mar 14Approved by Governor Patrick Morrisey 4/1/2026 - House JournalMajor
- Vote recorded PASSAGE-SENATE AMENDED HB. Result: pass.Lower
- Mar 14Approved by Governor Patrick Morrisey 4/1/2026 - Senate JournalBecame Law
- Mar 14To Governor 3/25/2026 - Senate JournalMinor
- Mar 14House Message received
- Mar 14Completed legislative action
- Mar 14Communicated to Senate
- Mar 14House concurred in Senate amendment and passed bill (Roll No. 658)
- Mar 14House received Senate message
- Mar 13Senate requests House to concur
- Vote recorded Passage. Result: pass.Upper
- Mar 13Title amendment adopted
- Mar 13Passed Senate (Roll No. 569)Passed Senate
- Mar 13Read 3rd timeMinor
- Mar 13On 3rd reading
- Mar 12Read 2nd timeMinor
- Mar 12On 2nd reading
- Mar 11Read 1st timeMinor
- Mar 11Immediate consideration
- Mar 11Reported do passMinor
- Mar 5To Banking and InsuranceMinor
- Mar 5To Banking and InsuranceMinor
- Mar 5Introduced in SenateMinor
- Mar 4Communicated to Senate
- Vote recorded PASSAGE. Result: pass.Lower
- Mar 4Passed House (Roll No. 319)Passed House
- Mar 4Read 3rd timeMinor
- Mar 4On 3rd reading, Special Calendar
- Mar 3Read 2nd timeMinor
- Mar 3On 2nd reading, Special Calendar
- Mar 2Read 1st timeMinor
- Mar 2Immediate consideration
- Mar 2By substitute, do pass
- Feb 24To House FinanceMinor
- Feb 16To House Banking and InsuranceMinor
- Feb 12To House FinanceMinor
- Feb 12Introduced in HouseMinor
- Feb 12To FinanceMinor
- Feb 12Filed for introductionIntroduced
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